
ClassZLfck^^l 



/ 



BookJL 

PRESENTED BY 

19,45 



FIRST LESSONS 

IN 

CIVIL GOVERNMENT; 



INCLUDING 

A COMPREHENSIVE VIEW 

OF THE 



GOVERNMENT OF THE STATE OF NEW-YORK, 

AND 

AN ABSTRACT OF THE LAWS, 



SHOWING THE RIGHTS, DUTIES, AND RESPONSIBILITIES OF CITIZENS IN THE 
CIVIL AND DOMESTIC RELATIONS ; WITH 



AN OUTLINE OF THE 
GOVERNMENT OF THE UNITED STATES : 

ADAPTED TO THE CAPACITIES OF CHILDREN AND YOUTH, 
AND 

DESIGNED FOR THE USE OF SCHOOLS. 



BY ANDREW W. YOUNG, 

Author of " Science of Government" 



[EIGHTH EDITION.] 



AUBTTRN: 
PUBLISHED BY H. & J. C. IVISON. 

1845. 



3¥zz.i 



[Entered according to Act of Congress, in the year 1843, by Andrew 
W. Young, in the Clerk's Office of the District Court of the Northern 
District of New- York.] 



{STEREOTYPED BY R. C. VALENTINE 
45 GOLD STREET, NEW-YORK. 



PREFACE. 



To the intelligent citizens of the state of New- York, an 
apology for the appearance of this work will scarcely seem 
necessary. Notwithstanding the number and variety of 
class-books that have sought and gained admittance into our 
public schools, the study of our civil polity has not yet been 
encumbered with treatises on this most important science. 

To secure the blessings of liberty to themselves and their 
posterity, was the leading object of the people of the United 
States in ordaining and establishing the constitution. That 
this constitution is fully adequate to the objects of its forma- 
tion, has been satisfactorily proved by the experience of 
more than half a century. 

Whether the blessings of civil and religious freedom, 
which our system of government is so happily adapted to 
secure, shall be enjoyed by our posterity, time alone can 
determine. Of the probability or improbability of the fact, 
we may, however, conjecture from what is done to qualify 
the rising generation of American youth for the duties ami 
responsibilities which, as freemen, they are soon to assume,. 

In a few years, the destinies of this great and growing 
republic will be committed to those who are now receiving 
instruction in our public schools. How important that the 
course of education pursued in these institutions, should in- 
clude the study of the principles of republican government, 
and especially of that government in which they will so 
shortly be called to take a part. 

A thorough knowledge of our constitutional and civil 
jurisprudence cannot well be too highly appreciated. 
Without it, we may hope in vain to perpetuate our free in- 
stitutions. The very idea of free government presupposes a 
knowledge of such government. And how is it to be obtained 

(3) 



IV PREFACE. 

without study ? As well might we suppose that our youth 
could, without study, acquire a knowledge of any other 
science now taught in our schools. 

The study of political science should be commenced 
early. Children should grow tip in the knowledge of our 
political institutions. The provisions of our constitution 
should be to them as familiar as the spelling-book; and yet 
thousands of our young men reach their majority, and 
presume to exercise their political franchise, who have never 
so much as given the constitution a single reading ! 

We boast of republican equality. The high and the low, 
the rich and the poor, enjoy an equal amoint of political 
power. How important, then, that all should be capable ot 
exercising this power with equal wisdom and effect! 

Let it be remembered, that this is a nation of freemen. 
The people are, or ought to be, the rulers ; and those to whom 
the more immediate administration of the government is in- 
trusted, are but the servants of the people. In a government 
of the people, therefore, all should be statesmen. They 
should know how the public business, ought to be done, that 
they may know when to call unfaithful servants to account. 

It is by the exercise of their political power, that the 
people are enabled to correct the evils of bad administration ; 
but if they do not exercise it intelligently, they may, in at- 
tempting to correct these evils, only increase and aggravate 
them. 

If ever the great body of the people are to be qualified 
for the business of self-government, our common schools must 
be relied on as the principal means. In these institutions, 
probably nine tenths of our citizens receive all their educa- 
tion. A science, therefore, the knowledge of which is so 
essential to our political prosperity, should be taught in every 
common school. 

Influenced by these considerations, the compiler prepared, 
a few years since, his "Introduction to the Science of 
Government." The circulation which that work has re- 
ceived, affords evidence that the importance of this science 
is beginning to be appreciated. The object of the work was 
declared to be, "to supply a deficiency in the course of 
education." The belief was entertained and expressed, that 
it would be found well adapted to the condition of our 



PREFACE. T 

common schools; and that the several subjects of which it 
treated were made " intelligible to those who were of suitable 
age and capacity to be benefitted by the study of this 
science." 

The fact, however, has been ascertained by experience, 
that youth have the " capacity " to comprehend the principles 
of civil government at a much earlier "age" than that to 
which the work is adapted : and hence it is used by a small 
portion only of those who may be benefitted by the study. 

The primary design of the present work is, therefore, to 
supply a deficiency still remaining ; and it is confidently 
believed, that it may be profitably studied by children of 
ordinary intelligence, at the age of ten years. 

In the author's endeavor so to simplify and illustrate 
certain subjects as to meet the capacities of children, some 
may discover what may be deemed a needless repetition, 
and familiarity of style. Those, however, who have been 
engaged in the instruction of youth, are aware that there is 
little danger of aiming too low. A very common defect of 
many valuable works is, that they do not descend to the 
comprehension of those for whose benefit they are designed. 

It will be seen that this work differs from the former, in 
respect to both the plan and the matter. The "Science of 
Government" being adapted alike to all the states, a 
particular description of the government of no state could be 
given in that work. It is designed to instruct our citizens in 
the principles of civil government in general, and particularly 
in "the constitutional and civil jurisprudence of the United 
States." 

The work now offered is intended only for this state, and 
is emphatically a book of the government of the state of New- 
York. Besides a general view of the extensive machinery of 
our state government, it contains, as its title indicates, an 
abstract of the statutes of the state, from which the citizen 
may learn his rights, responsibilities, and duties, as a member 
of the civil community. 

Although a smaller portion of the work is devoted to the 
government of the United States, an outline of the same has 
been given, showing the nature and objects of the union, the 
relations which the state and national governments bear to 



■VI PREFACE. 

each other, the powers of the general government, and the 
organization of its several departments. 

This work, although designed more especially as a -class- 
book in schools, will be found highly useful and convenient 
in the family library, as a book of reference. 

The author would earnestly recommend, that the female 
scholars also study the work. Although they are to take no 
part, directly, in the government, they may exert a political 
influence which, though silent, shall not be the less powerful 
and salutary. 

Not the least important object of the author has been, to 
inspire our youth with a love of their country and its free 
institutions. He has endeavoured, by contrast, to show the 
superiority of our government over all others. An intelligent 
patriotism is deemed indispensable to the health and vigor of 
the body politic. 

That the work is imperfect, is readily admitted. If it 
shall be found to contain important errors, they will be 
corrected. Such as it is, it is presented to the public. 

September, 1843. 



TO TEACHERS. 



The occupation of an instructer of youth, is a most honor- 
able and responsible one. The persons who are, in a few 
years, to become our legislators, judges, and governors, are 
now in the process of training, in our public schools. 
Teachers should therefore realize the magnitude of their trust, 
since the future character and destiny of the nation depend 
bo essentially upon the degree of ability and fidelity with 
which this trust shall be discharged. 

In our common schools, chiefly, must the foundation be 
laid for our future statesmen. From this work, if it shall 
meet a favorable reception, not a few of them will receive 
their " first lessons. 75 Its success and efficiency will depend 
materially upon the manner in which it is received and 
used by teachers. 

A teacher who desires to be in the highest degree useful, 
will cheerfully undertake the instruction of a class in civil 
government. The exercise may be made interesting to both 
teacher and scholars. The interest of the latter may be in- 
creased, by showing them how the personal advantage of 
every individual is promoted by good government. 

(V 



Vlli TO TEACHERS. 

Notwithstanding a due familiarity of style has been 

attempted in this work, words and phrases have frequently 

become necessary, which will need some explanation to the 
scholar. Every scholar should be furnished with a dictionary, 

and be required to know the meaning of every word in the 

lesson. 

Some of the chapters will be found too long for a single 
lesson. Such portions only should be assigned to the class 
as may be learned well. In exercising the pupil, the teacher 
will generally find it necessary to add questions of his own, 
which he may do at pleasure. 

No questions have been affixed to the Declaration of Inde- 
pendence and the constitutions. Suitable portions of these 
may be given to the class, and the questions for exercise 
must be supplied by the teacher. 

Scholars, especially those in the cities of this state, need 
be informed, that cities have governments peculiar to them- 
selves, and, consequently, that much of what pertains to the 
government of the state of New-York, is not applicable to 
the city governments. 



CONTENTS. 



Pag©. 

CHAPTER I. Of civil Government and Laws— what 
they are, and why they are necessary, 13 

CHAP. II. How Power is exercised in different Gov- 
ernments, 17 

CHAP. III. How the present Form of Government 
came to be established in this country, 21 

CHAP. IV. Of the Government of New- York— The 
general Nature and the Origin of the Government of 
this State, 25 

CHAP. V. Of the formation of the present Constitution 
of New- York, 28 

CHAP. VI. Of the Election of Officers, and by whom 
they are elected, 31 

CHAP. VII. Of the Legislature, and how it is formed, 33 

CHAP. VIII. Organization of the Legislature — Privi- 
leges of Members — Appointment of its Officers, &c, 35 

CHAP. IX. How the laws are enacted — The Compen- 
sation of Members, &c, m 38 

CHAP. X. Of the Executive Department, and of the 
general Administration of the Government of the 
State — Governor and Lieutenant Governor, 43 

CHAP. XI. Of the Secretary of State, Comptroller, 
Treasurer, Attorney- General, and State Printer, 45 

CHAP. XII. Of the Funds, Revenue, and other pro- 
perty of the State ; and of the general management 
of them — General Fund ; Canal Fund, and Canals, 50 
(9) 



X CONTENTS. 

Page. 

CHAP. XIII. Common School Fund; and Literature 
Fund, and their management, 53 

CHAP. XIV. Of the Public Lands, Buildings, &c; and 
of the salt Springs, 57 

CHAP. XV. Of the Militia of the State, 61 

CHAP. XVI. Of Towns and their Incorporation, and of 
Town Meetings, 63 

CHAP. XVII. Town Officers and their Powers and 
Duties — Supervisors, Town Clerks, Commissioners 
of Highways, Overseers of Highways, Overseers of 
the poor, 65 

CHAP. XVIII. Town Superintendent of Common 
Schools — Constables, Inspectors of Election, 70 

CHAP. XIX. Town Sealer— Board of Auditors of 
Town Accounts — Commissioners of Excise — Fence 
Viewers — Strays, Pound Masters, 73 

CHAP. XX. County Officers — Board of Supervisors — 
Treasurer, Clerk, Sheriff, Surrogate, District Attor- 
ney, Judges, Superintendents of Poor, Superintendent 
of Schools, 77 

CHAP. XXI. Of the Assessment and Collection of 
Taxes, 82 

CHAP. XXII. Of Courts of Justice.— Justices 5 Courts, 85 

CHAP. XXIII. Trial by Juries ; Collection of Judg- 
ments, Appeals, etc., 90 

CHAP. XXIV. Courts of Common Pleas and General 
Sessions of the Peace ; Circuit Courts, and Courts of 
Oyer and Terminer, 94 

CHAP. XXV. Court of Chancery ; Court for the Cor- 
rection of Errors, and Trial of Impeachments, 97 

CHAP. XXVI. General Provisions concerning Courts 
of Record, 100 

CHAP. XXVIL Time of commencing Actions, 104 

CHAP. XXVIII. Of Rights.— The Right of Property ; 
Title to Real Estate, 106 

CHAP. XXIX. Of the Proof and Recording of Deeds 
and Mortgages, 109 



CONTENTS. Xi 

Page 

CHAP. XXX. Of Leases; and the Rights of Landlord 
and Tenant, 112 

CHAP. XXXI. Of Wills and Testaments, 115 

CHAP. XXXII. Of the Domestic Relations.— Of Mar- 
riage, and the Relation of Husband and Wife * Pa- 
rent and Child ; Guardian and Ward, 118 

CHAP. XXXIII. Minors, Masters, Apprentices and 
Servants, 122 

CHAP. XXXIV. Of Fraudulent Conveyances, and of 
Contracts in General, 124 

CHAP. XXXV. Of Principal and Factor, or Agent ; 
and of Lien, 128 

CHAP. XXXVI. Of Partnership, and of Bailment, or 
the Delivering, Borrowing, Carrying, Letting, etc. of 
Property, 130 

CHAP. XXXVII. Of Promissory Notes; Bills of Ex- 
change ; Interest, 134 

CHAP. XXXVIII. Moneyed Corporations. — Banks ; 
Insurance Companies, 137 

CHAP. XXXIX. Of Crimes.— Felonies, or Crimes 
punishable with Death, or by Imprisonment in State 
Prison, 141 

CHAP. XL. Offences punishable by Imprisonment in 
a county Jail, and by Fines ; General Provisions 
concerning Crimes ; Arrest and Examination of 
offenders, 147 

CHAP. XLI. Sundry Regulations for preserving Peace 
and Order, 150 

CHAP. XLII. Of the rights of Conscience ; Writ of 
Habeas Corpus ; Liberty of Speech and of the Press, 154 

CHAP. XLIII. Of the Government of the United States, 157 

CHAP. XLIV. Of the Legislative Department, 160 

CHAP. XLV. Of the Executive Department, 163 

CHAP. XLVI. Of the subordinate Executive Depart- 
ments, 165 

CHAP. XL VII. Of the Judicial Department, 169 

CHAP. XL VIII. Of the Powers of the General Gov- 
ernment, 171 



Xll CONTENTS. 

Page. 

CHAP. XLIX. Powers of the General Government, 
continued, 175 

CHAP. L. Powers prohibited to Congress and the 
States, 179 

CHAP. LI. Review and conclusion, 182 



APPENDIX. 

Declaration of Independence, 187 

Constitution of the State of New York, 191 

Constitution of the United States, 205 

Washington's farewell Address, 217 

Index, 22 ^ 



CIVIL GOVERNMENT, &c. 



CHAPTER I. 

Of Civil Government and Laws ; what they are, and why 
# they are necessary. 

§ 1. Government, in a general sense, signifies direction, 
or regulation ; or it is the control which one thing has over 
another, in causing it to move 'or operate in a certain man- 
ner. When applied to persons, it means the exercise of au- 
thority by one or more persons over others. 

§ 2. A parent gives directions to his children for the regu- 
lation of their behavior. He commands what they are to do, 
and forbids what they are not to do. In giving these rules 
and causing them to be obeyed, he is said to govern his family. 
So the government of a teacher consists in keeping order in 
his school, by causing his scholars to observe the rules he has 
prescribed for their conduct. 

§ 3. But that kind of government which I shall endeavor 
to explain in this book, is the government of a state or nation, 
generally called civil government. It is so called, because it 
is the government which regulates the actions of persons as 
members of civil society. But in order fully to understand 
the meaning of civil government, it is necessary first to know 
what is meant by civil society. 

§ 4. The Creator intended that mankind should live to- 
gether. He has given them a desire to associate with each 
other, and made their happiness depend, in a great measure, 
on such association. Hence we find that persons derive en- 
joyment from each other's company which they could not 
have by living alone. 

Questions. § 1. What is government in a general sense ? What when 
applied to persons ? § 2. Illustrate the meaning by example. % 3. What 
£ the government of a state or nation called I Why \ $ 4. From what 



14 CIVIL GOVERNMENT. 

§ 5. Any number of persons associated together in any 
manner, or for any purpose, may be called a society. The 
friends of temperance associate for the purpose of promoting 
temperance, and are called a temperance society. Other 
persons act together as a Bible society, or an education soci- 
ety. But neither of these associations, nor any others com- 
monly called societies, are what is understood by civil society. 

§ 6. The term civil society is applied to the people of a 
country united for the purpose of government, under written 
rules and regulations. But it does not apply to the people of 
every nation. The Indians of this country observe certain 
rules and customs ; but as these people ffre savage and un- 
learned, they are called uncivilized, and are not properly 
civil communities. 

§ 7. Civil society can be said to exist only where the 
people are in a civilized state, or state of social improve*- 
ment. By a state of civilization and social improvement is 
meant refinement of manners, or growth in knowledge. In 
any country where the people enjoy the benefits of learning, 
and the means of improving their social condition, or of 
making themselves more comfortable and happy, they are 
called civilized ; and the authority exercised in regulating 
the conduct or actions of mankind in civil society, is called 
civil government. 

§ 8. The rules by which the conduct of men in civil 
society is to be regulated, are called laws ; as the commands 
©f the parent or householder are the laws of the family, oi 
as the rules of the teacher are the laws of the school. A 
law is therefore a rule prescribing what men are to do, an*. 
what they are not to do. A law implies two things; first. 
the right and authority of those who govern to make th«* 
law ; secondly, the duty of the governed to obey the law. 

§ 9. To give force to a law, it must have a penalty. Pen- 
alty is the pain or suffering to be inflicted upon a person for 
breaking a law. The law requires, that for stealing, a man 
must pay a fine, or be put into prison, and that for murder, 
he must be hanged : therefore fine or imprisonment is the 

do you infer that man is made for society? § 5. What is a society? ' § G. 
What is civil society ? % 7. Where does civil society exist ? What is civil 
ization ? Is this a civilized country 1 § 8. What are called laws ? Define 
law. $ 9. Why have laws a penalty ? What is penalty I % 10. Why ar© 



Eights, laws, etc. 15 

fenalty for stealing, and hanging is the penalty for murder, 
f there were no penalties annexed to laws, men could not 
be compelled to obey them ; bad men would commit the 
worst of crimes without fear, and there would be no safety 
or order in society. 

§ 10. Civil government and laws, therefore, are necessary 
to preserve the peace and order of a community, and to se- 
cure to its members the free enjoyment of their rights. A 
right is the just claim or lawful title which we have to any 
thing. Thus we say, a person has a right to what he has 
earned by his labor, or bought with his money. A man is 
entitled to what is lawfully or justly his own ; that is, he 
has a right to it. 

§ 11. We have a right also to do things. We have a right 
to go where we please, and to act as we please, if by so 
doing we do not. trespass upon the rights of others. This 
being free to act thus is called liberty. But it must be re- 
membered that all men in civil society have the same natural 
rights, and no one has a right to disturb others in the enjoy- 
ment of their rights. 

§ 12. All laws ought to be so made as to secure to men 
the liberty to enjoy and exercise their natural rights. Natu- 
ral rights are those which we are entitled to by nature, rights 
with which we are born. They are called natural rights, 
because they are ours by birth. And because all persons 
in society have naturally the same rights, we have no right 
to what belongs to another, nor to say or do what will injure 
another. 

§ 13. The law of nature is that rule of conduct which we- 
are bound to observe towards our Creator and our fellow men, 
by reason of our natural relations to them. It is a perfect 
rule for all moral and social beings, right in itself, right in 
the nature of things ; and it would be right, and ought to be 
obeyed, if no other law or positive command had ever been 
given. 

§ 14. Mankind being dependent on their Creator, they owe 
to him duties which they ought to perform, though he had 
never positively enjoined them. It is right in itself that we 

laws necessary ? What is a right ? Explain the meaning. § 11. What is 
liberty 1 § 12. What are natural rights ? May we do what ever we please ? 
§ 13. What is the law of nature ? $ 14. What reason is here given for 



16 CIVIL GOVERNMENT. 

should love and serve our Maker, and thank him for his 
mercies ; and it would be just as much our duty to do so, if 
he had never so commanded. And it is right in the nature 
of things that we should love our neighbor as ourselves ; and 
our obligation to do so would be just as certain, had the duty 
never been enjoined by a positive precept. 

§ 15. Living in society with our fellow men, on whom we 
are in a measure dependent, and who have the same natural 
rights as ourselves, we are bound by the principles of natural 
justice to promote their happiness, by doing to them as we 
would that they should do to us ; that is to say, the law of 
nature requires us to do so. And here let it be remarked, 
that the all-wise and kind Creator has so constituted man, that 
in thus promoting the happiness of his fellow men, he in- 
creases his own. 

§ 16. But it may be asked, if the law of nature is the rule 
by which mankind ought to regulate their conduct, of what 
use are written laws ? The will of the Creator is the law of 
nature which men are bound to obey. But mankind in their 
present imperfect state are not capable of discovering in all 
cases what the law of nature requires ; it has therefore 
pleased Divine Providence to reveal his will to mankind, to 
instruct them in their duties to himself and to each other. 
This will is revealed in the Holy Scriptures, and is called the 
law of revelation, or the Divine law. 

§ 17. But though men have the Divine law for their guide, 
human laws are also necessary. God has commanded men 
to do that which is right, and to deal justly with each other ; 
but men do not always agree as to what is right : human 
laws therefore become necessary to say what shall be con- 
sidered just between man and man. And these laws must 
be written, that it may always be known what they are. 

§ 18. Again it may be asked, what must be done when a 
human law does not agree with the Divine law ? Must such 
law be obeyed ? Men have no right to make a law that is 
contrary to the law of God ; and we are not bound to obey 

loving our Creator and our fellow men ? § 15. How must we act towards 
our fellow men ? By what law ? $ 16. Do the will of God and the law of 
nature agree 1 Why then are written laws necessary 1 Wherein is the 
Divine law revealed ? ^17. Why are human laws necessary ? § 18. When 
human laws and the Divine law disagree, which must be obeyed I 



FORMS OF GOVERNMENTS. 17 

it. The apostles were forbidden to preach the gospel ; but 
they said, " we ought to obey God rather than men ; M and 
they continued to preach. (Acts, Chapter 5.) But we may 
not disobey a human law simply because it fails to require 
strict justice. A law may be very imperfect, as many 
human laws are, and yet we may obey it without breaking 
the Divine law. 



CHAPTER II. 

How Power is exercised in different Governments. 

§ 1. The people of every country live under government 
and laws of some kind; but the modes and forms of govern- 
ment in different countries are very different from each 
other. What distinguishes one form of government from 
another is, that the power to govern, that is, the power to 
make the laws and to put them in force, is in different 
hands, and is exercised in a different manner in some gov- 
ernments from what it is in others. 

§ 2. In some countries the power to govern is in one per* 
son, called a king or emperor, who makes the laws for the 
people, who are called subjects, because they are subject to 
Ins will, which is their law. Such a government is called 
a monarchy, which means a government by one man, who is 
called monarch. When the ruler exercises authority over 
his subjects in a cruel manner, he is called a despot or tyrant, 
and his government is called despotism, or tyranny. Ori- 
ginally the words despot and tyrant meant simply a single 
ruler. But such is the sense at present conveyed by these 
words, that any government, when so administered as to 
oppress -the people, is called despotic or tyrannical. 

§ 3. Another form of government is a democracy, which 
means government by the people. In a government purely 
democratic, the people govern themselves. The great body 
of freemen meet in one assembly to make the laws and to 

$ 1. Are all forms of government alike ? Wherein consists the difference ? 
% 2. Who makes the Liws in a momrchv ? What is a monarchy I When is it 
called a despotism, or tyranny \ § 3. What is a democracy ? How are lawa 
2 



18 CIVIL GOVERNMENT. 

transact the public business. In ancient Greece and Rome 
there were some governments of this kind. This kind of 
government can exist only in small territories. It would be 
impossible for all the citizens of a large community to meet 
in a single assembly and do business. 

§ 4. It will be seen that the two kinds of government here 
described, are directly opposite to each other. In the former, 
the power is in the hands of one man; in the latter, the 
power to govern is exercised by all the people. In the one, 
the people are governed by another ; in the other, they 
govern themselves. The former, in which the will of one 
man is the law, is called an absolute or arbitrary government ; 
the latter, in which the people make their own laws, is called 
a free government. 

§ 5. There is a form of government which partakes of the 
nature of both a monarchical and a free government, and is 
therefore called a mixed government. It is also called a 
limited monarchy, because the monarch is himself restrained 
by laws, and cannot make laws alone. The government ot 
Great Britain is one of this description. The chief magistrate, 
or king, gets his power as kings usually do, by right of birth 
that is, he inherits it from his ancestors, in the same manner 
as a son becomes heir to the property of his father, at whose 
death the property comes to the child by right of birth. The 
eldest son, if there is a son, is heir to the crown. 

§ 6. But the kino; in that country has not the power to 
make the laws. The laws are framed by parliament, and 
submitted to the king for his approval. If he approves them, 
they become laws, otherwise they do not. Parliament i3 
composed of two legislative assemblies, the house of lords 
and the house of commons. The lords are men of high rank, 
who get their office by birth, or from the king. They are 
also called nobles. The house of commons is composed of 
men who are elected by the people. These three branches 
of the government, the king, the house of lords, and the house 
of commons, must all agree upon a measure before it is a 
law. 

made in a pure democracy ? § 4. Contrast a monarchy and a pure democ- 
racy? § 5. What is a mixed government ? How does a king get power? 
$ 6. By whom are laws made in Great Britain ? And how? How is par* 
liai mnt constituted ? Describe the two houses. $ 7. What is an aristocracy I 



FOmiS OF GOVERNMENT. 19 

§ 7. Governments called aristocracies, have also existed; 

but no government properly called an aristocracy is known 
to exist at the present time. The word is applied to a govern- 
ment which is in the hands of a few persons of rank and 
wealth. The aristocratic principle, however, is preserved 
in the British house of lords. 

§ 8. But the form of government which prevails in this 
country is different from all those which have been described. 
It is a republican government. A republic is a form of 
government in which the public, the people, enjoy common 
rights and privileges. Hence the name of commonwealth ia 
sometimes applied to a republican government; as a thing 
is said to be common when it is enjoyed by persons generally, 
or by all. Hence also the word community, which signifies 
the people living under the same laws, and enjoying the same 
privileges. Every state In the union is a republic. 

§ 9. In a republic the political power is with the people ; 
and therefore the government is free. Hence our government 
is sometimes called a democracy; and perhaps the words 
republic and democracy had formerly the same meaning. 
But our government is materially different from such a 
democracy as has been described. In a republic like ours, 
the people do not all assemble in a body to make laws as in 
a pure democracy. The laws are made by a small number 
of men called representatives, who are chovn by the people 
for that purpose. The people also choose persons to transact 
the other business that needs to be done. 

§ 10. Our government is therefore a representative govern- 
ment, or a representative republic. A representative is a 
person chosen or employed by others to make known their 
wishes,, and to transact their business. A representative is 
therefore an agent. The word agent, however, more fre- 
quently denotes a person intrusted with the business of private 
individuals ; by representative is generally understood one 
who is chosen to assist in enacting the laws. Ail public 
agents and representatives are called officers. 

§ 11. Notwithstanding power in our government is divided 

$ 8. What is the government of this country called ? What is a republic ? 
What other name 13 it called by ? Why ? $ 9. In what is our government 
different from a simple democracy ? VlO. What, then, is out government 
properly called? What is a representative? % 11. In what respect an* 



20 CIVIL GOVERNMENT. 

among a great many different classes of officers, instead of 
being exercised by the great body of the people in person, as 
in a simple democracy, both governments are alike in this, 
that all power, hov/ever differently exercised, comes from 
the people. Both are such governments as the people choose 
for themselves, and therefore both are equal lyfree. 

§ 12. The form of government in the United States is ex- 
pressed in a written instrument, called a constitution. A 
constitution is a form of rules by which the members of a 
society agree to be governed. Every society or association 
commonly so called, has a constitution. The persons forming 
the association draft a set of rules, stating the object of the 
society, what officers it shall have, what each is to do, and 
how its operations shall be carried on. These rules are 
called the constitution of the society. So the rules that are 
adopted by the members of the civil society, where the 
people are free, are called the constitution. They are in the 
nature of articles of agreement, by which the people mutually 
agree to be governed. 

§ 13. A constitution is a kind of law; not, however, such 
a law as those which are made by the representatives of the 
people. It is a law made by the people themselves, directing 
what the government shall be, what officers are to be elected, 
and what duties they are to perform. It prescribes also what 
laws may, and what may not be made : hence it is sometimes 
called the fundamental law, being the foundation of all other 
laws, which must conform to or agree with the fundamental 
law. It is also called a frame of government, and may be 
compared to the frame of a building. The frame gives form 
and shape to the building ; and every additional timber and 
plank required to finish it, must be fitted to the frame. So 
every law that is made, and every act that is done by the 
officers of the government, must conform to the constitution. 

§ 14. The constitution is also called the political law, 

because it is the law of the political body, or body politic. 

3y body politic is meant the people of the state incorporated 

into one body for the purpose of government. As the law 

the two governments alike ? § 12. What is a constitution ? What does it 
declare? § 13. Why is a constitution called the fundamental law? To 
what is it compared? § 14. Why is it called the political law? What is 
meant by body politic ? In what does a political law differ from a civil or 



COLONIAL GOVERNMENTS. 21 

of the whole people in their political capacity, the constitution 
is properly the political law, as distinguished from the laws 
made by the people's representatives, which are called the 
civil or municipal laws. 

§ 15. Now it appears from what has been said, that a 
constitution is a law ; but not every law is a constitution. 
A constitution is made by the act of the people, and constitutes 
their form of government ; the laws are acts of the legislature, 
which are necessary in carrying on the government, and re- 
gulating the conduct of the citizens. 

§ 16. It appears also, that the first and highest act of a 
free people, is the choice of a constitution or form of govern- 
ment for themselves. Hence, in no country do the people 
enjoy greater political privileges than in the United States. 
In most, governments there is either no constitution at all, or 
none that is made by the people. In such governments the 
people are not free. The people of Great Britain enjoy a 
good degree of civil liberty, and we hear of the British con- 
stitution ; but it is not a written instrument like ours, adopted 
by the free vote of the people. Not having such a consti- 
tution to restrain their rulers, the people are liable to suffer, 
and often do suffer from the enactment of unjust laws. 



CHAPTER III. 



How the present Form of Government came to be established 
in this country. 

§ 1 . In the two preceding chapters, I have endeavored to 
explain to my young fellow-citizens the principles of govern- 
ment in such a manner as to give them a knowledge of what 
civil government is, and of the nature and necessity of human 
laws ; and I have described several of the different forms of 
government. In this chapter I shall show how the present 

municipal law ? $ 15. Is every law a constitution ? State again the diffe- 
rence between them. § 16. What is the most important act of a free people ? 
Do the people in most governments enjoy this privilege? What is said of 
the people of Great Britain and the British constitution ? 
$ 1. What has been explained and described in the two former chapters ! 



22 CIVIL GOVERNMENT. 

form of government came to be introduced and established 
in this country. 

§ 2. It is presumed that the youngest of my readers know, 
that the people of the United States have not always lived 
under their present excellent form of government. For 
more than one hundred and fifty years after the first settle- 
ment of this country, they were subject to the government of 
Great Britain. The present year, (1843,) is the 67th since , 
the American colonies, now states, separated themselves 
from the parent country, and claimed the right to establish 
a government for themselves. 

§ 3. This country was first settled by the English, who 
claimed it by right of discovery, they having discovered it in 
1497, about five years after Columbus had discovered the 
West India islands. The first permanent settlement, 
however, was not made until the year 1607, when a colony 
of 105 persons settled at Jamestown, in Virginia. A few 
years afterwards, (1820.) a colony was planted in Plymouth, 
in Massachusetts. After this the number of colonies rapidly 
increased to twelve, the last of which, Pennsylvania, was 
settled in 1681. About fifty years thereafter, (1732,) Georgia 
was settled, the last of the thirteen which declared themselves 
free and independent states, 

§ 4. During their connection with Great Britain, the 
government of the colonies was not one of their own choice, but 
such as the king was pleased to institute for them. Each 
colony had a separate and distinct government ; 'but the 
governments in the different colonies were in many particu- 
lars alike. The powers of government were generally vested 
in a governor, a council, and an assembly of representatives 
chosen by the people. These three branches corresponded 
to the king, the nobles, and the commons, in the government 
of Great Britain. Power was therefore divided in those 
governments in nearly the same manner as it is in the states 
at present ; for there is in every state a governor, a senate, 
and a representative assembly. 

$ 2. To what government were the people of this country formerly subject ! 
How long ? "What is a colony ? § 3. When did the English discover this 
country ? When and where was the first settlement made ? What is said 
of others ? § 4. What is said about the government of the colonies while 
connected with Great Britain ? Were they all governed alike ? § 5. In 



COLONIAL GOVERNMENTS. 2ft 

§ 5. There is, however, an important difference between 
those governments and the present. The people of the 
colonies were not allowed to choose a constitution or form of 
government for themselves; nor had they the privilege of 
choosing the officers of the different departments of the gov- 
ernment. The governors were appointed either by the king, 
or by such persons as had authority from the king to appoint 
them ; and they were generally under the control of the king, 
who kept them in office as long or as short a time as he 
pleased. 

§ 6. The council was composed of a small number of 
men, also appointed by the king, and subject to his pleasure. 
This body constituted one branch of the legislature. The 
judges and magistrates, and other officers, were appointed 
by the governors, or by the king, or other persons who ap- 
pointed the governors. 

§ 7. Hence it appears that only one branch of the law- 
making power was chosen by the people, while the other two, 
he governor and council, were appointed by the king, or 
were subject to him, as were also the other officers of the 
government. Although one branch of the legislature was 
composed of men chosen by the people, the people could not 
always get such laws enacted as they wished ; because both 
the governor and the council must agree to every measure 
which the people's representatives might propose ; and then, 
when agreed to by them, it must be sent to England and sub- 
mitted to the king, who' also must give it his approval before 
it could be a law. 

§ 8. In a few of the colonies, however, the people enjoyed 
greater privileges. In Massachusetts, Rhode Island, and 
Connecticut, for some years before the revolution, they elected 
their governors and both houses of the legislature. 'But 
even in these colonies no laws might be enacted that were 
contrary to the laws of England. And the privileges which 
they did enjo}^ were granted by the king, and might at any 
time be taken away from them at his pleasure. 

what respect did those governments differ from the present I Who appointed 
the governors I $ 6. How was the council composed ? How were other 
officers appointed I S> 7. What officers were chosen by the people ? Could 
the people have such laws as they wished ? Why not ? $ 8. In what 
colonies did the people choose their governors and legislatures % $ 9. What 



24 CIVIL GOVERNMENT. 

§ 9. Such is a brief description of the government of the 
colonies before they became free and independent states. 
There is not room in this work for a history of all the circum- 
stances which led to their separation from the parent country, 
and the establishment of independent governments. The 
reasons for the separation are stated in the declaration of 
independence. It may be necessary, however, to say here, 
that laws were made in England which bore heavily upon 
the people of the colonies. The general object of these laws 
was to compel the colonies to sell their produce to England, 
and to make them buy from England the goods they wanted ; 
and to prevent them from buying goods from other countries, 
they were obliged to pay duties on such articles as were 
brought hither from such countries. 

§ 10. A duty, as the word is here used, is a tax which a 
person who buys an article has to pay in addition to the price 
of such article. I will explain the nature of these duties, 
and how they operated. The colonies traded with the West 
India islands. Some of these islands belonged to France, 
some to Spain, and others to Great Britain. Now to prevent 
the colonies from trading with the French and Spanish islands, 
the British parliament enacted a law compelling the colonists 
to pay duties on the articles they received from these islands. 
In order, therefore, to avoid paying this tax, they must obtain 
such articles from the British Islands. 

§ 11. Many other laws similar to this were passed by 
parliament, all for the benefit of that Country ; and the money 
thus obtained, was put into their own treasury for the sup- 
port of the British government. The colonists remonstrated 
against these, unjust laws. Petitions were sent to the king, 
and memorials to both houses of parliament, and every argu- 
ment was employed to persuade them to repeal these laws, 
but all to no purpose. At length the colonists resolving not 
to submit to such laws, and the British government being 
determined to enforce them, a war between the two countries 
was the consequence. 

§ 12. The war commenced in 1775. On the 4th of July, 

is the nature of the laws made in England, that led the colonies to separate 
from that government ? § 10. What is a duty ? How are the nature and 
operation ot a duty explained \ §11. What did the colonists do to get theso 
laws repealed ! What is repeal % § 1%. When was independence declared 1 



GOVERNMENT OF NEW YORK. 25 

1776, Congress declared the colonies to be free and inde- 
pendent states, no longer subject to Great Britain. Congress 
was a kind of legislative bod}', composed of a few delegates 
or representatives from the several colonies. A description 
of this congress will be given in another part of this work ; 
also the declaration of independence, with the names of the 
men who signed it. After a hard struggle of about seven 
years, the war was ended, and Great Britain acknowledged 
the independence of the states. This change in our relations 
with that country, and the establishment of an independent 
government in the states, is called the American revolution. 

§13. Since the states declared themselves independent, 
one after another has changed its government, until all of 
the original thirteen have adopted new constitutions, except 
New-Jersey, whose constitution is the same that was estab- 
lished the 2d of July, 1776, two days before the declaration 
of independence. Since the revolution, thirteen new states 
have been admitted into the union ; and the three territories, 
Florida, Iowa, and Wisconsin, will soon be added to the 
number. 



CHAPTER IV. # 



OftJie Government of New York. — The general Nature and 
the Origin of the Government of this State. 

§ 1. If the scholar has attentively studied what is written 
in the preceding chapters on the principles of government, he 
will now be prepared to enter understandingly upon the 
study of the government of the state of New York. Every 
citizen of the state ought to be well acquainted with its con- 
stitution and laws, that he may know both his own rights and 
duties, and the rights of his fellow-citizens. 

§ 2. It is necessary also for every one to understand his 
rights and duties as a citizen of the United States. For 

By whom? How was that body composed? What is meant by the 
American Revolution? § 13. How many states were there at that time ! 
How many at present ? 
$ 2 What is said of the two governments in this country ? What is the 



26 GOVERNMENT OF NEW YORK. 

there is not only a government in each state, but the people 
of the several states are also united in one general govern- 
ment, which exercises authority, in certain matters, over all 
the states. The form of the general government is on the 
plan of the state governments, and its constitution is called 
the "Constitution of the United States." Sometimes this 
government is called the national government, because it ex- 
tends over the whole nation ; and sometimes the federal gov- 
ernment, the word federal signifying to be united by a league 
or contract. 

§ 3. Being citizens of both this state and the United States, 
a knowledge of both governments is necessary. But it is 
thought proper to give a more full and particular description 
of the state government than of the national ; and it will be 
treated of first, as a knowledge of this will enable the young 
student the better to comprehend the provisions of the 
national constitution. And 'I shall begin by stating a few 
things of a general nature, which will apply to the govern- 
ment of all the states. 

§ 4. In the first place, the government of the state may be 
considered divided into three departments ; the legislative, 
the executive, and the judicial. The legislature is composed 
of two assemblies, or houses, the members of which are 
chosen by the peqije to make the laws of the state. 

§ 5. The executive department consists of a governor, 
assisted by a great number of other officers, some of whom 
are elected by the people, and others are appointed in some 
manner prescribed by the constitution and laws. The gov- 
ernor, or chief magistrate, is elected by the people in all- the 
states except three or four ; in these he is chosen by the le- 
gislature. It is the business of this department to see that the 
laws are executed or carried into effect. The governor 
oversees the general business of the state, and recommends 
to the legislature such matters as he thinks ought to receive 
their attention. He also has a part in enacting the laws. 

§ 6. The judicial department is composed of the different 

meaning of federal X § 4. Into what departments is the state government 
divided ? Of what is the legislature composed ? How are the members 
chosen ? And for what purpose ? § 5. Of what does the executive depart- 
ment consist \ How is the governor chosen ? W hat is the business of this 
department \ § 6. Of what does the judicial department consist ? What is 



ITS FORMER GOVERNMENT. 27 

courts of justice. All judges and justices of the peace are 
judicial officers. It is their business to judge of the laws, 
and to decide what is just and right between citizens. There 
are several kinds of courts in a state. Some are of a lower, 
and others of a higher order. The manner in which these 
courts are constituted is not precisely the same in all the 
states ; but their general powers, and their manner of con- 
ducting trials, is the same. 

§ 7. The history of the origin and progress of the govern- 
ment of New York, is briefly as follows : 

The colony of New York was not settled by the English 
as most of the other colonies were, but by the Dutch, who 
commenced a settlement as early, it is said, as the year 
1614. The Dutch continued to occupy it for fifty years. 
It was claimed, however, by the British, as a part of their 
territory ; and in the year 1664, Charles II. , king of Eng- 
land, granted it, together with certain other lands, to his 
brother the duke of York and Albany. An expedition was 
sent out from England, under the command of Col. Nichols, 
to whom the colony was surrendered by the Dutch. When 
the English obtained possession of the colony, the name of 
New Amsterdam was changed to that of New York, and fort 
Orange to that of Albany, in honor of the duke. 

§ 8. The government was that of a governor and coun- 
cil, who were appointed by the duke, to whom the king gave 
this power of appointment. Col. Nichols was the first Eng- 
lish governor. The colony was thus governed during the 
greater part of the time until the revolution ; the governor 
and council being appointed by the proprietor or proprietors 
of the soil. Hence it was called a proprietary government, 
which kind of government existed in several of the colonies. 

§ 9. The next year after the war commenced, and a few 
months before the general Congress declared the indepen- 
dence of the colonies, and while the government under the 
crown of Great Britain was in force, the people of the colony 
of New York established a government by congress and 

the business of this department ? § 7. By what people was the colony of 
New York settled I How long did they occupy it ? By whom, and when, 
was it taken from the Dutch ? By what names were New York and Alhany 
first called ? § 8. How were the governor and council appointed ? Why 
was it called a proprietary government ? $ 9. What kind of a government 



• 



28 GOVERNMENT OF NEW YORK. 

committees for the purpose of opposing the usurpation of the 
British parliament. But they intended that this government 
should expire when peace should be restored, which it was 
supposed would soon take place. This congress of the col- 
ony consisted of a number of representatives, called depu- 
ties, who were elected by the people in each county, and con- 
stituted the legislature. The committees consisted of a num- 
ber of persons entrusted with certain matters in each county. 

§ 10. Immediately after the general congress (then called 
the continental congress) had published their declaration of 
independence, that body recommended to the several state 
assemblies to establish such governments as should " best 
conduce to the happiness and safety of their constituents in 
particular, and America in general." 

§ 11. But the assembly, that is, the congress of the colo- 
ny of New York, were not certain that they had the power 
of instituting a new government ; and, believing that it be- 
longed to their constituents, the people, to determine this mat- 
ter, they recommended to the electors to meet in the severe 
counties, to determine by vote whether a new government 
should be formed, and if so, then either to authorize them, 
(the congress of the colony,) to institute a new government, 
or to choose other deputies in their stead for this purpose. 

§ 12. The election was held, and deputies were appointed 
and authorized by the people to form a new government. A 
constitution was formed, which continued about forty-five 
years, when the present constitution was adopted. 



CHAPTER V. 

Of the formation of the present Constitution of New York. 

§ 1. It has already been observed, that the people of the 
United States live under constitutions and forms of govern- 
ment which they have established themselves. But how this 

was established about the time independence was declared ? Of whom did 
this congress consist? § 10. After the declaration, what did the general 
congress recommend ? § 11. What did the congress of the colony of New 
York then do ? § 12. Was a new government formed ? How long did that 
constitution continue ? 



ITS PRESENT GOVERNMENT. 29 

work of the people is done may not be known by all who are 
just beginning to study the science of civil government. I 
will therefore give an example of the manner of forming and 
establishing a constitution, by describing the manner in which 
the present constitution of the state of New York was made 
and adopted. 

§ 2. It has been remarked that all the citizens of a large 
community cannot meet in one assembly ; and hence the ne- 
cessity of choosing a small number, called representatives, 
to make the laws and to transact the business of the govern- 
ment. So the freemen of this state, as they could not all 
meet to frame a constitution, acted by their delegates or 
representatives. Delegate and representative are words of 
similar meaning. In this state, however, persons who are 
chosen to act for the people in other business than that of 
making laws, are generally called delegates, and the meet- 
ing of such persons is called convention. 

§ 3. The convention that framed the present constitution 
of New York, was composed of 126 delegates. The num- 
ber sent from each county was the same as the number of re- 
presentatives it was entitled to in the assembly, the lower house 
of the legislature. The county of Genesee, for example, 
was entitled to three members of assembly, and it was repre- 
sented in the convention by three delegates. The county of 
Albany, being entitled to four members of assembly, sent 
to the convention four delegates. 

§ 4. The delegates were chosen in the same manner as 
representatives in the legislature and other officers are cho- 
sen. They were not elected at the time of the general elec- 
tion of county and state officers. The legislature passed a 
law in March, 1821, appointing the third Tuesday of June 
for the election of delegates, and the last Tuesday of August 
for the assembling of the convention to frame a constitution. 
The election was acccordingly held and the delegates were 
chosen. 

§ 5. This is the way in which public officers are elected : 
on the day appointed, the electors, the men who are entitled 

§ 2. Did all the people meet to frame the constitution ? By whom did 
they act ? What is a delegate ? What is a convention ? $ 3. How many 
delegates were sent from each county I § 4. How and when were the de- 
legates chosen ? By what authority \ When did they assemble I § 5. Do- 



30 GOVERNMENT OF NEW YORK. 

to vote, meet in the several towns throughout the state. They 
meet in every town, because all the electors of a whole county 
could not conveniently assemble in one place. And this is 
one reason why a state is divided into towns. The manner 
of voting is this : each voter has a ballot prepared, which is 
a small piece of paper on which are written or printed the 
names of the persons he wishes to have elected. The bal- 
lots, one at a time, are received from the voters by persons 
appointed for that purpose, and put into a box, called ballot- 
box. When all have voted, the ballots are counted. A state- 
ment of the number of votes given in each town for each per- 
son voted for, is sent to the office of the county clerk, where 
it is ascertained what persons have received the highest num- 
ber of votes in all the county. Such persons are declared 
to be 'elected. 

§ 6. The delegates thus elected to represent the several 
counties, met in convention at the city of Albany at the ap- 
pointed time, and continued in session until the 10th of No- 
vember, when they agreed upon the form of a constitution. 
But although agreed upon by the convention, it was not 
yet a constitution ; it remained for the people of the state to 
adopt it. And here observe the difference already mention- 
ed, between a constitution, or political law, and the municipal 
or civil laws. The former must be agreed to by the people 
before it can go into effect ; the latter are enacted by the le- 
gislature, and do not require the assent of the people. 

§ 7. The constitution as framed by the convention, was 
submitted to the people for consideration ; and an election 
was appointed on the 15th day of January, 1822, to con- 
tinue three days ; at which election the people were to decide 
whether they would receive the constitution or not. The 
greatest number of votes being given in favor of it, it was de- 
clared to be adopted ; and according to its own provision, 
(Art. 9, § 1,) went into effect on the 1st day of January, 1823. 

scribe the manner of voting at an election. To what place is the number 
of votes given in each town sent ? § 6. Where did the delegates meet in 
convention ? After a form was agreed upon, was it a constitution \ What 
farther was necessary I % 7 Where was the constitution adopted by the peo- 
ple ? When did it go into effect ? 



ELECTION OF OFFICERS. 31 

CHAPTER VI. 

Of the Election of Officers ; and by whom they are elected. 

§ 1. Having shown how the constitution was made and 
adopted, I proceed to show what the government under this 
constitution is, and how it is administered. The first act of 
political power exercised by the people is, as we have seen, 
the establishment of their constitution or form of govern- 
ment. To transact the great amount of business which is to 
be done in the various departments of the government, re- 
quires a great number of officers. Hence, the next act of 
political power to be exercised by the people, is the election 
of the necessary officers to administer the government. 

§ 2. There is, once a year, on the first Tuesday of Novem- 
ber, a general election throughout the state. At this elec- 
tion are chosen all officers that are elected by thp people, other 
than town officers ; the latter being chosen at another time, 
as will be seen hereafter. What officers are elected at the 
general election and at the town meetings, will appear as we 
proceed. 

§ 3. When w T e speak of officers being elected by the peo- 
ple, we do not mean all the people of every class; but such 
only as are entitled by the constitution to vote at elections. 
It is not considered proper for females to take part in the gov- 
ernment ; and boys have not sufficient knowledge and judg- 
ment. The constitution therefore allows none to vote at 
elections but male citizens of the age of twenty-one years and 
upwards. 

§ 4. But not every male citizen of this age is qualified to 
vote. A person that has but just come into the state, is not 
supposed to be well enough acquainted with the government 
to take part in it ; nor would he be likely, being a stran- 
ger, to know what persons to vote for. The constitution 
therefore requires that a man must have resided in the state 
a year, and in the county six months, before he is entitled to 

§ 1. What is the first act of political power ? What the next ? $ 2. When 
js the general state election held ? What officers are not then chosen ? $ 3 
Do females vote at elections ? Do boys ? At what age do men vote ? § 4. 
What does the constitution require respecting a man's residence to make 



32 GOVERNMENT OF NEW YORK. 

vote at an election. And he must also actually reside in the 
town where he offers to vote. 

§ 5. Under the former constitution of this state, only such 
as owned property, or paid rent or taxes to a certain amount, 
were entitled to vote. In some of the states this is still the 
case, but not in this state. The right of voting is sometimes 
called the right of suffrage ; and where all the freemen en- 
joy this privilege, it is said suffrage is universal, and where 
the privilege is restricted to those who have property or who 
pay taxes, we say, there is a limited suffrage. 

§ 6 But when it is said that all male citizens over twenty- 
one years of age may vote, not every man of that age is 
meant. Persons born in other countries, are called foreign- 
ers or aliens. They are not in law citizens, nor entitled to 
the rights of freemen. A way is provided, nowever, in 
which they may become citizens, after having been in this 
country a certain number of years. This is called becom- 
ing naturalized ; that is, becoming entitled to all the rights 
and privileges of natural born citizens, or citizens born in 
this country. (See Naturalization.) 

§ 7. Persons also who have been convicted of infamous 
crimes, are denied the privilege of voting thereafter at elec- 
tions, unless they have been pardoned by the governor before 
the expiration of the term for which they were sentenced to be 
imprisoned. An " infamous crime " is declared, by the laws 
of New York, to be one which is punishable with death, or 
by imprisonment in a state prison. 

§ 8. There is also a difference made by the constitution be- 
tween white and colored citizens. The latter are not allowed 
to vote unless they possess a freehold estate ; that is, an in- 
terest in lands of the value of two hundred and fifty dollars. 
It is thought by some to be unjust, that any class of our citi- 
zens should be subject to the laws of the state, without be- 
ing permitted to vote for the men by whom the laws are made. 

§ 9. All state and county officers elected by the people, 
enter upon the duties of their respective offices on the first 

him a voter ? § 5. What is said about owning property in order to be a voter ? 
What is right of suffrage ? Universal and limited suffrage ? § 6. May aliens 
vote ? Who are aliens ? Can they ever become voters ? §7 Does crime 
hinder men's voting? What crimes? Whet is an infamous crime ? $8. In 
what cases may colored men vote I % 9. When d _> state and county officers 
go into office ? When does the legislature meat I 



OF THE LEGISLATURE. 33 

day of January after they are elected. The legislature is 
required, by the constitution, to meet once a year, on the first 
Tuesday of January, unless a different day be appointed by 
law. (Con. art. 1, § 14.) No law has been made at any 
time, appointing a different day. 



CHAPTER VII. 
Of the Legislature ; and how it is formed. 

§ 1. The legislative power of the state is by the constitu- 
tion vested in a senate and assembly. The senate, or higher 
house, consists of thirty-two members, who must be free- 
holders. A freeholder is a person who is the owner of real 
estate, that is, property in lands, which he may transmit to 
his heirs. Senators are chosen for four years, in this manner : 
The state is divided into eight districts, called senate districts, 
each of which is entitled to four senators. But the thirty- 
two senators are not all chosen at the same time, and then 
four years thereafter thirty-two new ones. It is not thought 
best that all the senators should go out of office at once, and 
an entire new set come in at the same time. 

§ 2. The constitution therefore provides, that only one of 
the four senators in each district shall go out every year. 
This makes it necessary to elect but one in each district every 
year, and leaves at all times twenty- four old members in 
the senate, unless a vacancy happens in some other way. 
It was necessary, however, at the first election under the 
constitution, to choose the whole number. 

§ 3. But as one in each district must go out every year, 
the thirty-two first chosen could not all hold their offices the 
full term of four years ; and in order to make room for eight 
new senators (one in each district) to come in at the end of 
the first and every succeeding year, one fourth of the whole 
number must serve but one year, another fourth two years, 

§ 1. What two bodies constitute the legislature? How many members 

has the senate? What must v they be ? What is a freeholder? For how 

long, and how, are senators elected. ? $ 2. How many are regularly chosen 

every year ? i 3. Tell how the arrangement was first made for having but 

3 



34 GOVERNMENT OF NEW YORK. 

and another three years. The remaining fourth only would 
serve a whole term of four years. By turning to the con- 
stitution, (Art. 1, § 5,) it may be seen how it was determined 
which of the senators should hold for one year, and which 
for two, three, and four years. 

§ 4. It often happens that some senators resign their offices, 
and sometimes they die before the term expires for which 
they were elected . In such cases it becomes necessary to 
choose two or more in a district ; one to fill the regular 
vacancy caused by the expiration of the term of service of 
one senator, and one or more to supply the places of those 
whose seats have become vacant by death or by resignation. 
But which of the persons so elected shall fill the regular 
vacancy for four years, and which Qf them shall serve only 
for the unexpired term of those who have died or resigned, 
must be stated on the ballots, at the time of voting. 

§ 5. The assembly consists of one hundred and twenty- 
eight members, all to be chosen every year. They are ap- 
portioned among the several counties, as nearly as may be, 
according to the number of inhabitants in each. For example, 
the state contained in 1835, when the last state census wag 
taken, about 2,000,000 of inhabitants entitled to be repre- 
sented, or between 15,000 and 16,000 to every member ot 
assembly. The county of Cayuga, having upwards of 48,000 
such inhabitants, is entitled to three members. The city 
and county of New- York, having about one tenth of all the 
representative population of the state, is entitled to thirteen 
members. Yates with about 20,000 inhabitants, has but one 
member. 

§ 6 . But it happens sometimes that the population increases 
more rapidly in one county than in another : the represen- 
tation then becomes unequal or disproportionate. Suppose 
two counties to contain so nearly an equal number of inhabi- 
tants as to entitle each to two members ; and suppose also that 
a few years hence the population in one shall have doubled, 
while in the other shall have been no increase. The repre- 
sentation then becomes disproportionate ; the former having 

one senator in each district elected every year. § 4. In what cases must 
more than one be elected ? How is it determined which shall hold four 
years \ § 5. How many members of assembly ? For what term chosen ? 
How apportioned among the counties % % 6. What sometimes makes the 






OF THE LEGISLATURE. 35 

only the same number of representatives, while the latter ha» 
hut half as many inhabitants. 

§ 7. It is provided, therefore, by the constitution, that at 
the end of every, ten years an enumeration of the inhabitants 
shall be taken, and a new apportionment of members made, 
according to such enumeration or numbering, so that each 
county may have a just proportion or share of the repre- 
sentatives in the assembly. And if the senate districts 
become unequal in their population, they also must be so 
altered as to give to each, as nearly as may be, an equal 
number of inhabitants. 

§ 8. The first division of the state into senate districts, was 
made by the constitution itself. (Art. 1, § 5.) But as two 
alterations have been made since the constitution went into 
effect, the districts are very different from what they were 
at the time of their first formation. And after 1845, in 
which year another enumeration will be taken, another 
alteration of senate districts will become necessary. 



CHAPTER VIII. 



Organization of the Legislature; Privileges of Members; 
Appointment of its officers , fyc. 

§ 1. The legislature, composed of the senate and assembly, 
meets, as required by the constitution, on the first Tuesday 
of January in every year, for the purpose of considering the 
condition of the state, and of enacting such laws, as may be 
necessary to promote the welfare of the people. The place 
of meeting is the, city of Albany, which is therefore called 
the capital of the state. ,A large and commodious building 
has there been erected for the legislature to meet in, which 
is called the capital . 

§ 2. The two houses having assembled, each in its own 
chamber, every member of assembly, and every new senator, 

representation of counties unequal ? Explain this. § 7. How often, and 
how, is this inequality removed \ § 8. What is said about the senate dis- 
tricts in this section ? 
§ 1. When and where does the legislature meet ? $ 2. What is required 



36 GOVERNMENT OF NEW YORK. 

is required, before proceeding to business, to take the oath 
of office, by which he solemnly swears, that he will support 
the constitution of the United States, and the constitution of 
the state of New- York ; and that he will faithfully discharge 
the duties of his office according to the best of his ability. 

§3. All persons elected to important public offices are 
required to take such oath. (Cons. Art. 6.) An oath is a 
solemn declaration, in which the person appeals to God to 
bear witness to the truth of what he declares. Oaths are 
required, because it is presumed that a person will feel a 
stronger obligation to do right when under oath than he 
otherwise would do. And yet it is to be deeply regretted 
that many public officers, even under the obligation of an 
oath, discharge their duties very unfaithfully. It is impor- 
tant, therefore, that the people choose good men for office, 
who will be sure to act honestly. 

§ 4. As it would be improper that a small number of the 
members should make laws, the constitution provides that a 
majority of the members of each house shall constitute a 
quorum to do business. Quorum means such number of any 
body of officers as may transact business. As majority means 
more than one half, any number of members more than one 
half may act. While a very small number ought not to 
constitute a quorum, it would be equally improper to require 
all, or nearly all, the members to be present in order to do 
business, as it often happens that a considerable number of 
them are necessarily absent. 

§ 5. Every legislative body must have some rules and 
order of doing business. The constitution allows each house 
to determine the rules of its own proceedings ; but that the 
public may know what business is done, each house is re- 
quired to keep a journal of its proceedings, and to publish 
the same, except such parts as ought to be kept secret. And 
that any person wishing, may witness its proceedings, the 
doors of each house must be kept open, except when the 
public welfare requires secrecy. 

§ 6. In order to prevent any injury or interruption to the 
public business, it has been provided by law of the legislature, 

of members before proceeding to business ? § 3. What is an oath ? Why 
is it required ? § 4. How many members constitute a quorum ? What is 
quorum ? $ 5. How are the people informed what business is done ? $ 6 



OF THE LEGISLATURE. 37 

that members may not be arrested on civil process, that is, 
they may not be prosecuted in suits at law, during their 
attendance at the meeting of the legislature, except for 
certain wrong acts or misdemeanors committed by them. 
And they enjoy this privilege also for fourteen days previous 
to such meeting, and fourteen days thereafter, that they may 
have time to go to and to return from each meeting or 
session of the legislature, without hinderance. 

§ 7. The law also provides that each house may expel 
any of its members, and punish its members and officers for 
disorderly behavior, by imprisonment. And each house may 
also punish other persons as well as its members, for contempt 
or insult offered to the house ; for disorderly conduct tending 
to interrupt its proceedings; for publishing false and mali- 
cious reports of the proceedings, or of the conduct of members; 
and for sundry other offences. 

§ 8. After the members are sworn into office, the next 
thing to be done is to appoint the officers of the house. Each 
house must have a presiding officer, or chairman. In the 
senate the lieutenant governor acts as such, and is called 
president of the senate. This body, however, chooses one of 
its own number to preside when the lieutenant governor 
shall not attend. The assembly chooses one of its members 
to preside over the house, who is called the speaker of the 
assembly. 

§ 9. It is the business of a presiding officer to keep order 
in the house, and to see that its business is done according 
to the rules of the house. And when a question is to be 
decided, he "puts it to vote; 55 that is, he requests the mem- 
bers to express their minds by " aye" and M no" in favor of 
or against any measure ; and declares the question to be 
carried or lost, as the case may be. This part of a speaker s 
business is much the same as that of the chairman or presi- 
dent of the meeting of a society, or of a district school meeting. 
Probably most boys of the age of ten years have seen how 
business is conducted in such meetings. 

§ 10. Each house also chooses a clerk, to keep the record 

What privileges do members enjoy ? S> 7. What power has each house to 
prevent disorderly behavior ? § 8 Who presides in the senate ? Who in 
the assembly ? How is he chosen ? § 9. What is the business of a presi- 
ding officer I $ 10. What other officers are chosea ? State the duties of 



38 GOVERNMENT OF NEW YOEK. 

or journal of its proceedings, and to do such other things as 
are usually done by the secretary of a meeting ; a sergeant- 
aUarms, whose duty it is to arrest members or other persons 
who are guilty of disorderly conduct, to compel the atten- 
dance of absent members, and to do other business of a like 
nature ; also a door-keeper, and one or more assistant door- 
keepers. The officers mentioned in this section are not 
selected from the members of the house, but from the citizens 
at lame. 

§11. It is usual also for legislative bodies to choose some 
clergyman as chaplain, who offers prayer at the opening of 
each day's session, and performs such other religious servi- 
ces as occasion may require. It has been the practice of 
the legislature of this state, to invite all the clergymen of 
the city of Albany to officiate by turn in this capacity. 

§ 12. Each house also chooses sprinter, who prints a cer- 
tain number of copies (at present 250) of every bill, report, 
memorial, or other document ordered by either house to be 
printed. He prints also for distribution a certain number of 
copies of the journals kept by the clerk of the house for which 
he is printer. A printer to the legislature must be some 
other person than the printer to the state. Contracts for the 
price of legislative printing are made by the president of the 
senate, the speaker of the assembly and the comptroller. 



CHAPTER IXo 

How the laws are enacted ; the compensation of Members, tyc. 

#§ 1. After the two houses have appointed their officers, 
each house sends a committee of two of its members to in- 
form the governor that the legislature is ready to do business, 
and to receive any communication which he has to make. 
Whereupon the governor sends, by his private secretary, to 
both houses a message, which is read to each house by its 
clerk. The governor exhibits in his message, the condition 

each. $11. What is the duty of a chaplain? $ 12. What is the business 
of a printer to the legislature ? 
$ 1. How is the governor informed that the legislature is ready to do busi- 



OF THE LEGISLATURE. 39 

of the affairs of the state, and calls the attention of the legis- 
lature to such subjects as he thinks ought to be acted on. 

§ 2. Soon after the legislature has commenced its busi- 
ness, the committees of each house are appointed. A com- 
mittee consists of one or more persons appointed or chosen to 
consider and to act upon any matter intrusted to them. A 
legislative committee generally consists of either three, five, 
or seven members. The committees are numerous, and are 
usually appointed by the presiding officer of each house ; 
sometimes, however, by the house itself. There is a com- 
mittee on agriculture ; another on banks ; another on rail- 
roads and canals ; another on the division of towns and 
counties ; another on colleges, academies and common 
schools ; and a committee on almost every other subject of 
a general nature. 

§ 3. The object of appointing these committees is to save 
the time of the house, and to hasten the transaction of busi- 
ness. To show the utility of committees, suppose that the 
people from different parts of the state apply to the legisla- 
ture to enact laws authorizing the.making of canals, the in- 
corporation of banks, and the division of counties ; for these 
things cannot be done unless authorized bv law. It would 
be unwise for a legislature to pass laws simply because they 
were asked for ; for although some persons might be bene- 
fited by such laws, many more might be injured by them! 
The objects desired must therefore be inquired into, to ascer- 
tain whether they are necessary or not. 

§ 4. Now if there were no committees to which these sev- 
eral subjects might be referred, the time of the whole house 
must be spent upon each object of inquiry. And as hun- 
dreds of things are asked for at every session of the legisla- 
ture, there would not be time enough in the whole year to 
dispose of them. But now every subject is referred to its ap- 
propriate committee. Petitions for canals are referred to 
the committee on canals ; those for banks, to the committee 
on banks ; and those for new counties, to the committee 
on the division of towns and counties ; and so of every other 

ness ? What then does he do ? What does the message contain ? $ 2. 
What is a committee ? Of what number does it consist ? $ 3. Why are legis- 
lative committees appointed ? Explain the utility of committees. % 4 How- 
are petitions referred \ What are petitions ? What is a standing commit 






40 GOVERNMENT OF NEW YORK. 

petition. If any subject arises for which there is no appro- 
priate standing committee, there is one appointed for the 
special purpose of considering such subject, and is called a 
select committee. 

§ 5. The members of each committee meet from time to 
time at some place during hours when the house is not in 
session, to consider the subjects referred to them. They 
hear what is to be said in favor of the desired objects, by 
those who have come to urge the passage of the laws asked 
for, and also what is to be said on the other side by those 
who have come to oppose such measures. And frequently 
it is necessary for the committee to write to persons in dis- 
tant parts of the state for further information. 

§ 6. After due inquiry and consideration, committees 
make their reports to the house. A report of a committee 
contains a statement of the facts that have been ascertained, 
and of the reasons why the law prayed for ought or ought 
not to be passed. If a committee reports against a measure, 
the house generally dismisses the subject : if the committee 
reports in favor of such measure, it usually brings in a bill 
with the report. • A bill is a draft or form of an intended 
law. Bills, however, are not always reported by commit- 
tees. An individual member of the house may introduce a 
bill, by leave of the house, if he shall have given at least 
one day's notice beforehand of his intention to introduce it. 

§ 7. A bill, after it is brought before the house, must go 
through many different stages and forms of action, all of 
which it is not deemed important to mention in this place. 
Before it is passed, it must be read three times ; but not oftener 
than once on the same day without the consent of the whole 
house. Nor can it be altered or amended before its second 
reading. After it has been twice read, and fully discussed 
and amended, it is proposed to read it on a given day the 
third time. 

§ 8. When the vote of the house is to be taken upon a 
bill, the speaker or chairman puts the question, " Shall the 
bill pass ?" If a majority of the members present vote in 

tee ? A select committee ? § 5. State the labors of a committee. § 6. 
When and what do committees report to the house ? What is a bill ? Are 
all bills reported by committees ? § 7. How often must a bill be read before 
it is passeu I § 8. By whom is the question put ta tire house I What is af 



OF THE LEGISLATURE. 41 

the affirmative, the bill is passed ; but if a majority vote in 
the negative, the bill is lost. If the yeas and nays happen 
to be equal, there is said to be a tie ; in which case the 
chairman decides the question by his vote, which is called 
the casting vote. If he is in favor of the bill, it is carried ; 
if against it, it is lost. 

§ 9. When a bill has passed one house, it is sent to the 
other, where it is to be acted on in the same manner; and if 
agreed to or amended by that house, it is in either case sent 
back to the house from which it w T as received. Some bills 
are sent several times from one house to the other, with 
amendments, before they are agreed to by both. If both 
houses do not agree to a bill, it is lost. 

§ 10. When a bill has passed both houses, it is sent to the 
governor to be approved and signed by him. If he signs it, 
it is a law ; if not, it is no law. This power of the gov- 
ernor to negative a bill, that is, to prevent its becoming a 
law by withholding from it his signature, is called veto, 
which is a Latin word signifying I forbid, 

§11. Hence it appears, that if no laws could be enacted 
without the consent of the governor, we should not be in a 
much better condition than the people of the colonies were 
while subject to Great Britain, or than the people are in a 
monarchy, where one man makes the laws ; for the gov- 
ernor might prevent the passage of every law that did not 
please him. 

§ 12. But the people have by their constitution provided 
for the enactment of laws without the governor's assent. If 
he refuses to sign a bill, he must return it to the house in 
which it originated, stating his objections to it. The house 
then proceeds to reconsider the bill ; and if after having 
duly reconsidered it, two -thirds of the members present agree 
to pass it, it is sent, with the governor's objections, to the 
other house ; and if two-thirds of the members of that house 
also agree to pass the bill, it becomes a law without the 
governor's name. Or if the governor should not return a 
bill within ten days after it is presented to him, it would be 

firmative and negative ? A tie ? How is it decided ? § 9. After a bill has 
passed one house, what ? When agreed to or amended by the other, what ? 
^ 10. When agreed to by both houses, is it a lav/? Who must sign it? 
What is veto I § 12. How may a bill become a law without the governor's 



42 GOVERNMENT OF NEW YORK. 

a law, though not signed by him, and without being again 
acted upon by the legislature. 

§ 13. It may be asked, why send a bill to the governor ? 
Why not let the legislature alone enact the laws ? In re- 
ply it may be asked, why does a legislature consist of two 
branches? Why may not a single body of representatives 
make the laws as well as two ? The reason is this : one 
house may pass a bill without discovering all its imperfec- 
tions, and the people would be very likely to get many bad 
laws ; but if the bill has to be examined in another body, 
any mistake or oversight committed by the first house may 
be detected in the second, where the bill may be either 
amended or wholly rejected. 

§ 14. But it may, and sometimes does happen, that errors 
are committed by both houses. In order therefore to guard 
still more effectually against the enactment of bad laws, it 
was provided that the governor also shall examine and 
approve a bill. But that it may not depend on one man 
what laws we shall have, or whether we shall have any 
laws at all, the governor is required to return to the legisla- 
ture all bills which he does not approve, that they may be 
passed, if they can be, in the manner stated, by two-thirds 
of both houses. 

§ 15. Members of the legislature are paid for their ser- 
vices three dollars a day ; and they are allowed three dol- 
lars for every twenty miles of the distance they travel from 
their homes to the place of meeting, to be computed both for 
going to, and returning from the same. The clerk of the 
senate receives a yearly salary of $1200, and the clerk of 
the assembly, $1800 ; from which each provides his own 
assistants and clerks. The sergeant-at-arms and door- 
keeper of each house, and the assistant door-keeper of the 
assembly, receive, for each day's attendance, the same com- 
pensation as members of the legislature. 

§ 16. The clerks of the senate and assembly provide fur- 
niture for the senate and assembly chambers, stationary, 

approval ? § 13. Why is the legislature divided into two branches ? § 14. 
Why are bills submitted to the governor for his approval ? § 15. How much 
do members of the legislature receive for their services \ How much the 
derkfi of both houses I The sergeant-at-arms, and door-keepers ? 



OF THE EXECUTIVE DEPARTMENT. 43 

fire- wood, and other articles, for the use of the legislature, 
the expenses of which are paid out of the treasury. 



CHAPTER X. 



Of the Executive Department, and of the general Administra- 
tion of the Government of the State. — Governor and Lieii^ 
tenant -Governor. 

§ 1. Having treated of the legislative department, and 
shown how its officers are elected, and how their power is 
exercised in making the laws ; I shall proceed to give a de- 
scription of the executive department, of the election and 
appointment of its officers, and of their powers and duties in 
executing the laws and administering the government of the 
state. 

§ 2. By the constitution, the executive power is vested in 
a governor. He is assisted by numerous subordinate exe- 
cutive officers. The governor and lieutenant-governor are 
elected at the annual election in November, and hold their 
offices for the term of two years. A person, to be qualified 
for the office of governor, must be a native citizen of the Uni- 
ted States, a freeholder, thirty years of age ; and he must, 
have been a resident of the state five years. 

§ 3. The governor has many powers to exercise, and many 
important duties to perform. A few of those mentioned in 
the constitution are the following : He sends to the legisla- 
ture at the beginning of every session, a message, containing 
a statement of the general affairs of the state, and recom- 
mending such measures as he shall judge to be expedient, 
It is his duty also to see that the laws are executed, and to 
transact all necessary business with the officers of gov- 
ernment. 

§ 4. The governor has power to grant reprieves and par- 
dons. If a person has been found guilty of murder, or of 

§ 1. What is the business of the executive department? $ 2. In whom is 
the executive power vested \ When, and tor what term are the governor and 
lieutenant-governor elected ? State the qualifications of governor. § 3. 
What are some of his duties? % 4. Who grants reprieves and pardons- 1 



44 GOVERNMENT OF NEW YORK. 

any other crime for which he has been sentenced to suffer 
death, the governor may, if he should think proper to do so, 
put off the execution of the sentence to a later time than the 
day appointed. This is called granting a reprieve. If he 
should entirely free him from punishment it would be grant- 
ing a pardon. The governor has power to pardon for all of- 
fences except treason and cases of impeachment. He 
may however put off or suspend the execution of the sentence 
for treason, until the case shall be reported to the legislature 
at its next session. The legislature may then pardon the 
criminal or direct him to be executed, or grant a farther re- 
prieve. 

(For a definition of these offences, see Treason and Im- 
peachment.) 

§ 5. The governor has also power, with the consent of the" 
senate, to appoint the higher militia officers, and a great num- 
bei of civil officers in the executive and judicial departments 
of the government, as will be seen hereafter. In making 
such appointments, the governor nominates, that is, he names, 
in writing, the persons he wishes to have appointed, and sends 
the same to the senate. If a majority of the senators pres- 
ent consent to the appointment of the persons so nominated, 
they are appointed. 

§ 6 The duties of the lieutenant-governor are not very 
numerous. He is president of the senate, as has been stated 
in a preceding chapter, but he has only a casting vote there- 
in. The principal reason why the constitution provides for 
the election of a lieutenant-governor, probably is, that there 
may be a suitable person to fill the office of governor, in case 
the governor should be removed from office, or his office should 
otherwise become vacant. 

§ 7. When the lieutenant-governor acts as governor, the 
senate chooses from its number a president. And if the 
offices of both governor and lieutenant-governor should 
become vacant, the president of the senate must act as 
governor. 

What is it to reprieve ? To pardon ? In what cases has he power to grant 
reprieves and pardons ? § 5. What is said of his power of appointment? 
How are appointments made by the governor and senate \ § 6. What are 
the duties oi the lieutenant-governor ? Why is this office necessary I § 7 
How are the offices of governor and lieutenant-governor supplied when va 



OF THE EXECUTIVE DEPARTMENT. 45 

§ 8. The lieutenant-governor is by the constitution a mem- 
ber of the court for the trial of impeachments and the cor- 
rection of errors. A few duties are devolved upon the lieu- 
tenant-governor by law, in addition to his constitutional du- 
ties, which have been mentioned. 

§ 9. The salary of the governor is established by law, at 
$4000 a year ; that of his private secretary is $600. The 
lieutenant-governor receives six dollars a day for his atten- 
dance as president of the senate, or of the court for the tri- 
al of impeachments and correction of errors ; or as commis- 
sioner of the land-office or canal fund. He is also allow- 
ed six dollars for every twenty miles which he shall travel 
in going to and returning from the place of meeting in the 
discharge of these duties. But if he performs the duties of 
such commissioner during the time that he attends the ses- 
sions of the senate or of the court for the trial of impeach- 
ments and the correction of errors, he is not allowed pay for 
his services as commissioner. 



CHAPTER XL 






Of the Secretary of State. Comptroller, Treasurer, Attorney- 
General, Surveyor- General, and State Printer. 

§ 1. The principal executive officers who assist in the 
administration of the government, are the secretary of state, 
the comptroller, the treasurer, the attorney-general, and the 
surveyor-general. These officers are all appointed by the 
legislature ; and all hold their offices for three years, except 
the treasurer, who is appointed every year. (Cons. Art. 3, §3.) 
They have power to appoint their own deputies and assis- 
tants. 

§ 2. The secretary of state has the care of all the books, 
records, deeds to the state, parchments, maps, and papers 
which are to be kept in his office. He has a great many 

cant ? $ 9. What is the governor's salary ? Of his private secretary ? 
Whr-t is the compensation of the lieutenant-governor ? 

$ 1. Name the principal executive officers. flow, and for what term are they 
appointed ? § 2. Of what has the secretary of state the care ? $ 3. Why 



46 GOVERNMENT OF NEW YORK. 

duties to perform, which cannot here be enumerated ; but 
some of which we shall have occasion to notice in connection 
with other subjects, in subsequent chapters. 

§ 3. An important duty of the secretary of state is the 
part he takes in publishing the laws. For if it is necessary 
to make laws, it is equally necessary that the people know 
what the laws are. When a law goes into effect, every 
body is bound to obey it ; and he must suffer the consequence 
of breaking it, whether he knows what it is or not. The 
legislature has therefore made provision for publishing all 
the laws that are enacted. 

§ 4. It is the business of the secretary of state to cause 
the laws to be published. He receives all bills that have 
become laws, and causes them to be published in the state 
paper, which is printed by the state printer in the city of 
Albany. Immediately after the close of each session of the 
legislature, he must also cause all the laws passed during 
the session to be printed and bound together in a volume, and 
distributed. A copy is sent to each county clerk, and one 
to each town clerk, in the state, to be kept in their offices for 
the use of the people who wish to examine the laws. 

§ 5. The state officers also are to be supplied with the 
laws. The clerk of the senate receives eight, copies for the 
use of the senate ; the clerk of the assembly, twenty copies 
for the use of the assembly ; arM each of the higher state 
officers and judges receives a copy ; and a copy is put into 
the state library. As it is desirable to know what the laws 
of other states are, three copies of our laws are every year 
sent by the secretary, under the direction of the governor, to 
the governor of every state in the union, and the same 
number of copies of the laws of each other state are requested 
to be sent to this state, one copy of which is put in the state 
library, one in the senate chamber, and one in the assembly 
chamber. 

§ 6. Four copies of the laws are also sent to the secretary 
of state of the United States. And when the laws of each 

are laws published ? § 4. Who causes the laws to be published ? How 
are they first published? To what officers are they sent when bound? 
$ 5. How many copies has each house, state officers and judges ? How 
many are sent to each state ? What is done with those received in exchange ? 
$ 6. To whom are the laws of congress sent ? By whom ? To whom are 



OF THE EXECUTIVE DEPARTMENT. 47 

ecssion of congress are received, the secretary of state causes 
them to be distributed throughout the state in the same man- 
ner as the laws of this state are to be distributed. The 
journals or records of the proceedings of the legislature, as 
kept by the clerk of each house, are also bound in volumes, 
which the secretary distributes among the members of the 
legislature and other state officers entitled to receive them ; 
and a copy to each county clerk, to be kept in his office. 

§ 7. Besides these and many other duties performed 
by the secretary of state, he performs also the duties of 
superintendent of common schools. For his services in both 
offices he receives a salary of $2,500. He has a deputy, 
who may perform the ordinary duties of the secretary. The 
deputy secretary serves also as clerk of the commissioners 
of the land-office. He receives 81,000 a year for his 
services. 

§ 8. The comptroller manages the fiscal concerns of the 
state, that is, the business relating to the money, property, 
and debts of the state. He exhibits to the legislature, at its 
annual meeting, a statement of the funds of the state, of its 
revenue or income during the preceding year, and of what 
money has been paid out, and for what purposes. He also 
states, as nearly as he can estimate, how much money it will 
be necessary to expend the ensuing year, and specifies each 
object for which it is to be expended, and particularly what 
objects are to be provided for by law ; for no money may be 
paid out of the treasury for any purpose but such as the laws 
specify. 

§ 9. The comptroller also mentions plans for improving 
and managing the public revenues; keeps and settles the 
accounts of the state ; superintends the collection of all 
monies due to the state. When money is to be paid out of 
the treasury, he draws a warrant on the treasurer for the 
money ; and without his warrant, (which is a written order,) 
no money may be drawn from the treasury: and he may, 
when necessary, borrow money to pay the debts of the state. 

the journals of the legislature sent? § 7. The duties of what other office 
does the secretary perform? What is his salary? That of his deputy? 
% 8, 9. What business is managed by the comptroller ? W T hat does he ex- 
hibit to the legislature? §9. what does he do respecting the accounts, 
money, and debts of the state ? § 10. What are kept in his office ? W hat 



48 GOVERNMENT OF NEW YOKK. 

§ 10. He also keeps in his office the bonds, mortgages, 
and other securities for money due the state ; and all papers 
relating to the canals, and to the duties of the officers who 
manage the business of the canals. He is assisted by a 
deputy comptroller, and a second deputy-comptroller. The 
salary of the comptroller is $2,500 ; that of each deputy, 
$1,500. He is also allowed what is actually necessary for 
clerk hire, but cannot have more than $8,000 for that 
purpose. 

§ 11. The treasurer receives all monies paid into the 
treasury of the state, and pays them out on the warrant ot 
the comptroller. He deposites the money that comes into 
his hands, within three days after receiving it, in such banks 
in the city of Albany as he and the comptroller consider safe, 
and as shall pay the highest rate of interest for the use of it. 
He exhibits annually to the legislature a statement of moneys 
received and paid out by him during the preceding year, and 
of the balance in the treasury. 

§ 12. As large sums of money come into the hands of the 
treasurer, which he might refuse to pay over when called 
for, or which mi^ht be lost through his carelessness, he is 
required, before he enters on the duties of his office, to give 
a bond in the sum of $50,000, with at least four sufficient 
sureties, that he will faithfully perform the duties of his 
office. The sureties are persons who are supposed to be 
able to pay this sum, and who bind themselves to pay to the 
state whatever the treasurer shall fail to pay, but not more 
than the sum mentioned. Public officers generally, who 
have the care of money, are required to give bonds of this 
kind. 

§ 13. The treasurer appoints a deputy, for whose conduct 
the treasurer is responsible. The salary of the treasurer is 
61,500; of the treasurer's clerk, $800; and for necessary 
additional clerk hire, the treasurer is allowed not exceeding 
$250. 

§ 14. Attorney -general. An attorney is one who manages 
for another his matters in law, and is commonly called a 
lawyer. The attorney-general is a person learned in the 

is his salary? The salaries of his deputies? $11. What are the duties of 
the treasurer? § 12. What is said of his giving a bond? $ 13. What is 
his salary ? That of" his clerk ? S^ 14. What is the business of the attorney- 



OF THE EXECUTIVE DEPARTMENT. 49 

law, who is appointed to manage and conduct the suits at 
law in which the state is interested. When it is necessary 
to prosecute persons indebted to the state, it is done by him ; 
and he also causes to be brought to trial persons charged 
with certain offences. His salary is $1,000; and he is 
allowed besides, for necessary clerk hire, not more than 
$600. 

§ 15. The surveyor-general superintends the surveying 
and selling of lands belonging to the state, in the manner 
required by law, or according to the directions of the com- 
missioners of the land-office. He keeps in his office a map 
of the state ; and he is required, from time to time, to 
delineate the bounds of all the towns or counties formed or 
altered by the legislature ; and when the bounds of a town 
are so described that he cannot delineate them on the map 
of the state ; or when there is a dispute between the people 
of two towns, respecting their bounds, the surveyor- general 
may order a special survey to be made, to ascertain the bounds 
of such towns, and to settle such disputes. He accounts to 
the comptroller for moneys received by him, in behalf of 
the state, or from the treasury. Salary, $300 ; extra 
allowance for clerk hire, not exceeding $550. 

§ 16. The secretary of state employs a printer to print the 
laws distributed by him, which printer must be some person 
other than the state printer, or printer to the legislature. 
The other executive officers also employ their own printer 
or printers, other than printer to the state or printers to the 
legislature. 

§ 17. The state printer is appointed by the legislature for 
three years. He must be the printer of a newspaper in the 
city of Albany, which must be published as often, at least, 
as once a week, and which is called the state paper. In this 
paper he must forthwith publish every certified copy of a 
law delivered to him by the secretary of state for that 
purpose. 

§ 18. When persons intend to apply to the legislature 

general* His salary? § 15. State the principal duties of the surveyor- 
general. His salary. % 16. who employs a printer or printers for the ex- 
ecutive officers ? % 17. By v/hom is the state printer appointed \ For what 
term? In what does he publish the laws? % 18. What *»tices must be 
published in the state paper ? 
4 



50 GOVERNMENT OF NEW YORK. 

for a law to divide a county, or to incorporate a city, village, 
or an association ; or to lay a tax to make or improve a road 
or build a bridge, or for any other purpose, in any county 
where all or any of the inhabitants are to be taxed; the 
persons so intending, must give notice of their intention to 
apply for the passage of such law, by advertisement, to be 
published in the state paper at least six weeks before making 
the application, and also in a paper printed in the county 
where the object to be applied for is to be carried into effect. 
Several other kinds of notices are published in the state paper. 



CHAPTER XII. 



Of the Funds, Revenue, and other property of the State ; and 
of the general management of tliem. — General Fund ; Ca- 
nal Fund, and Canals. 

§ 1. A fund is a sum of money used in carrying on busi- 
ness of any kind. The money or capital stock which a mer- 
chant employs in trade, is a fund. So the money which is 
raised to pay the officers of the government, and to carry 
on the business of the state, and such other property as is 
set apart for this purpose, are called the funds of the state ; 
and the interest of these funds, and all other income to the 
state, are called the revenue. The state has provided funds 
for several purposes. One of these funds is called the gen- 
eral fund. There are also a canal fund, a literature fund, 
and a common school fund. 

§ 2. The general fund consists of stock, debts, and other 
property of the state, together with the revenue and in- 
crease thereof; all moneys paid into the treasury for duties 
on hawkers and pedlers ; and the fees of office received by 
the secretary of state, comptroller and surveyor-general. 
These officers are paid fixed salaries out of the general fund, 
and the fees they receive go into this fund and make & part 
of it. There is this difference between a salary and fees i 

§ 1. What is a fund ? What are called the funds of the state ? The 
revenue ! $ 2. Of what consists the general fund ! What is a salary ? A 



OF THE FUNDS AND REVENUE. 51 

A. salary is a fixed sum to be paid to a person for his servi- 
ces by the year ; a fee is the sum received for each sepa- 
rate act of service. Thus, a justice charges nine cents for 
issuing a summons ; for an execution, nineteen cents ; for 
administering an oath to a witness, six cents : and what he 
receives for these several items of service, is called fees. 

§ 3. The fees of the secretary of state consist of what is 
paid him for recording, for copies of records, for searching 
records, for giving licenses to pedlers, for certificates, for 
affixing the seal of office to certain written instruments, and for 
many other things. The comptroller's fees are received for 
deeds of lands sold for taxes, for copies- of papers, engross- 
ing and other services similar to those performed by the se- 
cretary of state. The surveyor-general has fees for filing 
papers, for drafts, searches, copies of maps and surveys, 

§ 4. This pail of the business of these officers is done for 
individuals, who pay the officers the fees established by law, 
and the officers pay the same to the general fund of the 
state, and then draw out of the treasury again the amount of 
their salaries. Out of the general fund of the state are paid the 
salaries and compensation of the legislative, executive, and 
the principal judicial officers, employed in the several depart- 
ments of the government. 

§ 5. The canal fund consists of lands granted for the con- 
struction of the canals, and of debts due for such portions 
of these lands as have been sold ; the tolls received from the 
canals ; duties on the manufacture of salt ; duties on goods 
sold at auction ; money received for the use of the surplus 
waters of any canal, and for penalties and damages under 
the canal laws. 

§ 6. The canals are made by the state, and are the prop- 
erty of the state. When a canal is to be made, instead of 
taxing the people for the money to make it, the state borrows 
the money for a long term of years, depending on the tolls to be 
collected on the canal after it shall have been finished, for 
the repayment of the money. The Erie canal was com- 
menced in 1817. The convention that formed the constitu- 

fee t $ 3. For what does the secretary of state receive fees ? The comp- 
troller? The surveyor-general? § 4. What is done with their fees? How 
are they paid ? Who else is paid out of this fund ? § 5. Of what consists 
tiae canal fund t $ 6. Whose property are the canals ? How is the money 



52 GOVERNMENT OF NEW YORK. 

tion in 1821, thought it advisable to provide a permanent 
fund to carry on and complete this great work, and to repay 
its cost ; and provision for this object was accordingly made. 
(See Cons. art. 7, § 10.) 

§ 7. The canal fund is managed by officers called commis- 
sioners of the canal fund, who are the lieutenant-governor, 
the secretary of state, the attorney-general, the surveyor- 
general, the comptroller, and the treasurer. But the care 
and disposal of the lands belonging to the canal fund, are 
vested in the commissioners of the land-office. 

§ 8. It is the duty of the commissioners of the canal fund 
to manage all things belonging to that fund to the best advan- 
tage ; and to report to the legislature, at the opening of every 
session, the state of the fund, which report shall exhibit a 
statement of the funds intrusted to their care and manage- 
ment the preceding year. They must also lay before the 
legislature a full statement of all the tolls collected upon 
the canals during the preceding season of navigation, and of 
the rates of toll on all articles transported on the canals. 

§ 9. The general care and superintendence of the canals, 
is intrusted to a board of five or six in number, cal- 

led canal commissioners, who a ted by the legislature, 

and hold their offices duri: ieasure of the legislature. 

These commissioners designate of their number, not exceed- 
ing three, to be acting commissioners, each of whom must 
give a bond in the sum of $20,000, with sureties, for the 
faithful discharge of their duties and for the faithful account- 
ing of all moneys intrusted to them 

§ 10. It is the duty of the canal commissioners to see 
that the canals are kept in repair and supplied with water : 
to keep in repair toll-houses, weighing-scales, and other 
things purchased or built for the use of the canals ; and to 
make rules and regulations concerning matters in general 
relating to the navigation of the canals. And when a law 
is made authorizing the construction of a new canal, it is 
the duty cf the commissioners to make such canal ; and to 

obtained to make canals \ How is it repaid ; : H ov ai 1 when was a canal fund 
permanently provided ? § 7. By what officers is this Fund managed ? § 8. 
Mention the duties of these officers. § 9. Wlio have the general care anc} 
management of the canals 1 How are they appointed? What is said of 
acting commissioners \ % 10. What are the duties of the commissioners ? 



OF THE FUNDS AND REVENUE. 53 

employ agents, engineers, surveyors and such other persons 
as are wanted to assist them in the work. 

§11. There is another board of canal officers, called the 
canal board. This board consists of both the canal commis- 
sioners and commissioners of the canal fund united. This 
board appoints the superintendents of repairs and the collec- 
tors of tolls, fixes the rates of tolls, and prescribes the rules 
and regulations for their collection. 

§ 12. The canal tolls are the taxes paid by the master or 
owner of a boat, for the use of the canal in transporting 
goods and other property. The amount of toll paid is rated 
according to the weight of the goods carried. In order to 
ascertain how much toll is to be paid, the loading of a boat 
must be weighed, and the toll is paid on such loading, by the 
ton. The toils are received by the collectors, of whom there 
is one in each of the principal villages on the canal, and at 
whose offices the commanders of boats passing these offices 
must stop and pay the toils, which are rated and charged by 
the mile, for the distance they are to be carried. 

§ 13. All money expended in making, repairing, or improv- 
ing the canals, and in paying the officers and agents employed 
on the canals, is paid from the canal fund. The acting 
canal commissioners receive salaries of $1500 each. The 
other commissioners receive at the same rate for the time 
they are employed. The compensation of superintendents, 
and others, employed on the canals, is fixed by the canal 
board or by those who appoint or employ them. 



CHAPTER XIII. 



Common School Fund, and Literature Fund, and their man- 
agement. 

§ 1. No people can be prosperous and happy without 
learning. In some countries, such as Turkey and some 

§ 11. How is the canal board constituted ? What are its duties ? § 12. What 
:ire the canal tolls? How are they rated? By whom received? ^ 13. 
For what purposes are canal moneys paid out ? What are the salaries of 
canal commissioners, superintendents, &c. ? 
J J- What is here said to be the advanfcura of education I § 2. Why ough* 



54 GOVERNMENT OF NEW YORK. 

others, the people are degraded and miserable. This is 
owing to their ignorance. They are governed by a despot, 
who rules over them with great rigor ; and they scarcely 
know that they could be in a better condition. Indeed, for 
the want of education, they could not, if they were to try, 
govern themselves as the people of this country do. It is 
only where the great body of the citizens are well educated 
that a free government can be maintained. 

§ 2. Hence, in order to continue free and prosperous, the 
American people must be educated. But all have not the 
means of obtaining a good education. There are among us 
some persons who are too poor to pay for the instruction of 
their children ; and the rich are unwilling to assist them 
without some law to compel them. It must therefore be the 
duty of the government to provide the ways and means for 
the support of public schools, in which the children of our 
country may all be educated. 

§ 3. In the state of New York, provision has been made 
for this purpose. A fund was created, many years ago, 
called the common school fund, for the support of common 
schools. These schools are properly so called, both because 
they are of a lower order than academies and colleges, and 
because the benefits of them may be enjoyed by all the peo- 
ple in common. And as the state is divided into small dis- 
tricts of territory, each containing about as many inhabi- 
tants as can conveniently support a school, they are also 
called district schools. 

§ 4. When the present constitution was formed, provision 
was made for enlarging the school fund, by adding to it the 
proceeds of certain lands belonging to the state. (Con. art. 
7, § 10.) Still farther addition has since been made to 
this fund, the interest or income of which is every year 
distribute;! among all the school districts, to be applied 
towards the payment of the wages of teachers. 

§ 5. The highest common school officer is the superinten- 
dent of common schools. This office is connected with that 
of secretary of state. (See chap. 11, §7.) The superinten- 

the government to provide for educating the people ? § 3. For the support ol 
what schools is the school fund provided ? Why are they called common 
schools ? District schools ? § 4. When was this fund enlarged ? § 5. Who 
k the highest common school officer \ Who is he ? By whom is the school 



OF THE FUNDS AND REVENUE. !*5 

dent distributes the school money among the several coun- 
ties of the state, apportioning it according to the number of 
inhabitants in each county. The money for each county is 
received by the county treasurer, and by him apportioned to 
the several towns of the county. 

§ 6. The superintendent also gives instructions for the 
government of the schools, and reports to the legislature 
every year, a statement of the condition of the common 
schools, plans for improving and managing the common 
school fund, and such other matters as he shall think neces- 
sary. And he has power also to settle disputes, and remedy 
grievances, and other matters arising in school districts, 
which, when they cannot be settled or decided in the dis- 
tricts, are to be referred to the county superintendent ; and 
if his decision is not satisfactory, they are referred to the 
state superintendent. 

§ 7. Besides the income of the common school fund pro- 
vided in the manner stated, still farther provision has been 
made for the support of common schools. The law requires 
that in every town as much money shall be raised for this 
object, as the town receives from the state. The amount so 
to be raised is added to and collected with the sum yearly 
raised in each town for the town and county expenses. And 
if a majority of the inhabitants of any town, at their annual 
town meeting shall so vote, a still farther sum, equal to that 
so to be raised in such town, may be added to the amount to 
be collected w T ith the annual tax for town and county 
charges. 

§ 8. Now as taxes are assessed upon the inhabitants in 
proportion to the value of the property of each, it will be 
seen how the rich are made to contribute to the education 
of the poor. They have, however, no reason to complain. 
By the general education of the people, the prosperity and 
happiness of the whole community are promoted ; and the 
rich share in the common benefit. Besides, the more igno- 
rant a community is, the more vicious it will become, and 
the more crimes will be committed ; and as the expense of 

money distributed? $ 6. Mention the duties of the superintendent. 
$ 7. What farther means are provided for the support of common schools ? 



56 GOVERNMENT OF NEW YORK. 

the trial of all criminals is a public charge, the taxes on 
property are very little, if at all, increased by what is raised 
for purposes of education. 

§ 9. The powers and duties of common school officers in 
the several counties and towns, and the manner of collecting 
and distributing the school moneys, will be stated in those 
chapters in which the duties of town and county officers 
generally are described. 

§10. There is another school fund, called the literature 
fund. This fund has been provided for the assistance & 
'benefit of academies, and other incorporated seminaries of 
learning. Both the fund and the schools are under the care 
and management of a board of officers, called, the regents 
of the University of the state of New Y ork. 

§11. The board of regents consists of twenty- two persons, 
three of whom are the governor, lieutenant-governor and 
secretary of state ; the others are all appointed by the legis- 
lature. The officers of the board are, a chancellor, a vice- 
chancellor, a treasurer, and a secretary, all chosen by the 
board. They meet every year at the capitol in the city of 
Albany, on the evening of the 2nd Tuesday of January. 
Eight regents attending have power to do business. 

§ 12. The regents, by themselves or commit tees, visit and 
inspect all the colleges and academies in the stale, and 
examine into their condition and management, and make an 
annual report of the same to the legislature. * 

§ 13. The regents annually divide the income of ihe 
literature fund into eight equal parts, one part to be assigned 
to each of the eight senate districts, and distributed among 
the incorporated seminaries of learning except colleges, in 
proportion to the number of pupils in each seminary, who 
have for four months during the preceding year pursued 
classical studies or the higher branches of English education, 
or both. 

§ 14. Of the income of the literature fund, $12,000 are 
annually distributed in this manner. To this sum there was 

% 10. To what is the literature fund applied ? In whose care is it ? § 11. Of 
now many members does the board or regents consist ? How are they ap- 
pointed? What are their officers? § 12. What are the duties of the 
regents? § 13. How do they distribute the money to the academies. 1 
§ 14. How much money is now annually distributed by them ? §15. How 



OF THE FUNDS AND REVENUE. 57 

added a few years ago, a part ($28,000) of the income of 
certain moneys belonging to the United States, deposited with 
this state, the interest of which is every year appropriated 
to purposes of education. The whole amount, therefore, 
now distributed among the seminaries in the several senate 
districts, is $40,000 a year, or $5,000 among such schools 
in each district. 

§ 15. Of the interest of this money of the United States, 
which this state has at present the use of, the greater part 
is appropriated to the support of common schools. The sum 
of $165,000 is thus applied every year. Of this sum, 
$55,000 a year was for three years applied to the purchase 
of the district libraries, which are intended to furnish both 
children and parents with useful books. 

§ 16. Thus we see how effectually and how wisely the 
government has provided for the education of the people. 
The poorest child need not remain ignorant. If all the youth 
of our country would improve the means they have of be- 
coming well educated, and make a good use of their learn- 
ing, how greatly would the condition of society be improved, 
and how much more liberally would the people share in the 
blessings of a republican government ! 



CHAPTER XIV. 

Of the Public Lands, Buildings, fyc; and of the Salt Springs, 

§ 1 . It is presumed that few of even the youngest readers 
need be told, that when we speak of the lands of the state, 
we do not mean the land owned by each and every indivi- 
dual citizen. The state has no better right to such land 
than one man has to the land of another. The public lands 
consist of such tracts and parcels of land as have in various 
ways come into the possession of the state, and are owned 
by the state in its corporate capacity ; as the canals, state 
buildings, and other things, made or purchased with the 

much or the income of the United States deposite fund is at present an- 
nually distributed among the common school districts ? 
U Of what do the public lands consist ? $ 2. under whose care are 



58 GOVERNMENT OF NEW YORK. 

money of the state, are called the property of the state ; or 

as the court-house, clerk's office, and jail, are the property 
of the county, because they are built with the money of the 
people of the county, to be used for public purposes. 

§ 2. The lands of the state are under the care and superin- 
tendence of a board of commissioners, called commissioners 
of the land office. This board is composed of the lieutenant- 
governor, the speaker of the assembly, the secretary of state, 
the attorney-general, the surveyor-general, the comptroller, 
and the treasurer ; all of whom except the speaker of the as- 
sembly are, by right of office, commissioners of the canal fund. 

§ 3. The commissioners of the land-office direct the 
granting of the unappropriated lands of the state ; and they 
direct the surveyor-general, as often as shall be necessary, 
to cause actual surveys to be made of such lands. Tug 
deputy secretary of state is clerk to the commissioners, and 
records their proceedings in a book, which is kept in the 
office of the secretary of state. 

§ 4. The public buildings in the city of Albany, are tho 
capitol, in which the legislature meets, and in which is also 
the executive chamber, where the governor attends to the 
duties of his office ; and the state hall, in which are kept the 
offices of the secretary of state, the comptroller, and other 
state officers. 

§ 5. The custody and care of the capitol is vested in tho 
trustees of the capitol, who are the governor and lieutenant- 
governor, the speaker of the assembly, the secretary of state, 
the attorney-general, and the comptroller, and who have 
power to cause it to be kept in repair, and to appoint a 
superintendent of the capitol, who is to reside therein. The 
trustees may also lease such rooms in the capitol as are not 
occupied by the legislature and courts authorized to be held 
there. 

§ 6. The persons mentioned as trustees of the capitol, 
together with the surveyor-general, are trustees of the state 
hall; the care of which is vested in the comptroller, secre- 
tary of state, and surveyor-general ; and the comptroller is 
authorized to cause it to be. kept in repair. / 

they ? Who are these commissioners ? $ 3. What are their duties ? Who 
is their clerk ? § 4. What public buildings are in the city of Albany ? 
% 5. In whose care is the capitol ? What are their duties ? $ 6. Who are 



OF THE FUNDS AND REVENUE. 59 

§ 7. There are several arsenals in the state which are 
public property. An arsenal is a building in which are kept 
cannon, muskets, powder, balls and other warlike stores ; 
all of which are to be kept in repair, and ready for use in 
case they should be wanted for war. The arsenals and 
magazines, together with the articles deposited in them, are 
under the care of the commissary -general, who from the naturo 
of his duties is properly a militia officer. He also furnishes 
the officers of the militia, such articles as they are entitled 
to receive for the use of their companies. His salary is 
8700 a year. 

§ 8. The prisons erected at Mount-Pleasant and Auburn, 
and the lands and buildings connected with them, are the 
property of the state, and are under the care of officers ap- 
pointed for the purpose. 

§ 9. The state library consists of books containing matter 
of a public nature ; such as the laws of the state, enacted 
from year to year, the laws of the United States, and the 
laws of the several states, together with all public documents, 
and such works generally as the members of the legislature 
and other officers of the government have occasion to ex- 
amine, and as it is important to preserve for future use. 

§ 10. The trustees of the state library are the governor, 
the lieutenant-governor, the secretary of state, and the comp- 
troller. The library room is in the capitol. The library is 
kept by a librarian, who is appointed by the trustees. His 
salary is $700. 

§ 11. Salt Springs. Among the most important items of 
property owned by the state, are the salt springs. The 
principal of these springs are in the town of Salina, in the 
county of Onondaga, and are generally called the Onondaga 
salt springs. 

§ 12. The care and superintendence of these springs is 
vested in the superintendent, of the O.iondaga salt springs, 
and the inspector of salt in the county of Onondaga. The 
superintendent must give a bond in the sum of $30,000, 

trustees of the state-hall ? Who have the particular care of it ? § 7. What 
are the duties of the commissary-general ? What is an arsenal ? § 8. What 
property has the state at Auburn and Mount-Pleasant? % 9. Of what con- 
sists the state library? § 10. In whose care is it? § 11. Where are the 
principal salt springs belonging to the state ? $ 12. Under whose manage 



60 GOVERNMENT OF NEW YORK. 

with five sufficient sureties, that he will faithfully perform 
the duties of his office ; the bond to be filed in the office of 
the comptroller. He has a number of deputies to assist him. 
The inspector gives a bond in the sum of $2,000, for the same 
purpose, also to be filed in the comptroller's office. He also 
has deputies. 

§ 13. The superintendent has possession of all the lands, 
buildings, timber, pumps, and other machinery ; and all 
water-courses, wells, springs, and all other property of the 
people of this state, within the town of Salina ; has the charge 
and management of them, under such rules, orders, and 
regulations as are made by the legislature from time to time ; 
and leases the buildings and lots to those wishing to manu- 
facture salt. He also transmits to the comptroller a state- 
ment quarterly, of the quantity of salt daily inspected ; and 
monthly a statement of the amount of duties accrued and 
collected ; and he performs many other duties. 

§ 14. The superintendent has a salary of $1,500 a year ; 
his two principal deputies, one at Syracuse and another at 
Salina, $800 each ; and two other deputies, one at Liverpool 
and Geddes, each, $400. 

§ 15. The inspector or his deputies must carefully ex- 
amine and inspect all the salt manufactories, and all the salt 
manufactured in them ; and if he finds it to be dry and clean, 
he marks on the barrel his name as inspector, and the 
number of pounds of salt which the barrel contains. This 
is done that persons buying the salt may know that the salt 
has been inspected, and is of a good quality. 

§ 16. Every person applying for the inspection of salt, 
must pay, at the superintendent's office in the village where 
the salt is inspected, a duty of six cents on every bushel of 
fifty-six pounds weight, which is, by the constitution, to go 
into the canal fund. 

§ 17. The inspector is allowed a salary of $1,500 a year; 
his principal deputy at Syracuse, and another at Salina, 
receive $700 each; and those at Liverpool and Geddes, 

merit are they ? What bonds are required of them ? § 13. What is the 
business of the superintendent ? § 14. What are the salaries of the super- 
intendent and his deputies ? § 15. What are the inspector's duties ? Why 
is salt inspected \ § 16. To whom are the duties paid ? How much is the 
duty? § 17. What are the salaries of the inspector and his deputies I 



OF THE STATE MILITIA. 61 

$550 each ; to be paid to them monthly by the superin- 
tendent, from money in his hands belonging to the state. 
Assistant deputy inspectors may, when necessary, be em- 
ployed at $30 a month. 

§ 18. There are also salt springs at Montezuma in the 
county of Cayuga, under the management of a superin- 
tendent. The salt works at this place are not extensive, and 
yield but a small revenue to the state. 



CHAPTER XV. 

Of the Militia of the State, 



§ 1 . In order to defend a country against attacks by foreign 
enemies, and to put down insurrections and rebellion against 
the government by its own citizens, it is the practice of gov- 
ernments to keep the country prepared for an event of this 
kind in case it should happen. For this purpose, men are 
required every year to meet on certain days for instruction 
and practice in the art of war. This is usually called 
training. 

§ 2. By the laws of this state, all able bodied, free, white, 
male citizens, between the ages of eighteen and forty-live 
years, residing in the state, are liable to do military duty, 
except the following : The lieutenant-governor ; members 
of the legislature during the term for which they are elected, 
and the officers of the legislature during its meeting, and for 
fourteen days before and after each meeting ; the secretary 
of state, comptroller, attorney-general, treasurer, and sur- 
veyor-general, and their deputies and clerks ; all judges of 
courts and their clerks, surrogates and sheriffs ; ministers of 
the gospel, and teachers actually employed in colleges, acad- 
emies, and common schools. And those who have been duly 
equipped, and have served fifteen years in a uniform com- 
pany ; and those also who have served four years as com- 

$ 18. What is said of other salt springs ? 

% 1. For what purpose are military trainings ? $ 2. What persons gen- 
erally are liable to do military duty \ Who are exempt by the laws uf this 



62 GOVERNMENT OF NEW YORK. 

missioned officers in the militia of this or any other state, 
are thereafter exempt from military duty. 

§ 3. Besides these, there are persons exempted by the laws 
of the United States. They are the vice-president and all 
executive and judicial officers of the government of the Uni- 
ted States ; members of congress and its officers ; custom- 
house officers and their clerks ; post-officers and drivers of 
mail stages ; ferry-men employed at ferries on post roads ; 
pilots and mariners. 

§ 4. It will be seen that the president of the United States,, 
and the governor of the state, are not mentioned among the 
persons who are free from military duty. By the constitu- 
tion of the United States, the president is commander-in-chief 
of the army and navy of the United States ; and of the 
whole militia of the several states also, when, called out into 
actual service ; and so also the governor is the commander- 
in-chief of the militia of the state. (See Cons. U. S. art. 
2, & 2 ; and Cons. N. Y. art. 3, § 4.) 

§ 5. Persons who refuse to appear at military parades 
after having been duly warned, are afterwards tried by a 
military court called court martial, to consist of three mili- 
tary officers ; and if upon trial such persons cannot show 
that they were necessarily absent, they are fined in such 
sum as the law prescribes. And they are also liable to fine 
if they attend, but are not equipped as the law requires. 
For the trial of high militia officers, courts consist of more 
than three members. 

§ 6. The highest militia officer is the adjutant-general of 
the state ; who keeps a roster (list) of all the officers in the 
state above the rank of captain, containing the date of their 
commissions, their rank, the corps they belong to, the division, 
brigade, and regiment, and the places of their residence. 
He also enters in a book, a description of the several regi- 
ments, brigades, and divisions of infantry, artillery and rifle- 
men ; and performs sundry other other duties. The adju- 
tant general is appointed by the governor. His salary is 
$1000. 

state ? $ 3. Who are exempt by the laws of the United States ? $ 4. Why 
are not the governor and the president free also ? §5. What is done to 
persons who refuse to train when warned, or are not equipped ? What are 
tbe duties of the adjutant-general ? How is he appointed ? Salary I $ 7. 



OF TOWNS AND TOWN OFFICERS. 63 

§ 7. There are persons who cannot conscientiously do 
military duty, believing it to be wrong ever to go to war. 
Now as it is the object of our constitution to secure to every 
person the liberty of conscience as well as any other kind 
of liberty, the constitution provides that those, who cannot in 
conscience bear arms, may be excused by paying money. 
(Cons. art. 7, § 5.) The sum they must pay, has been fixed 
by the legislature at four dollars a year. 

§ 8. There are many rules and regulations for organizing 
and disciplining the militia, which cannot be given in so small 
a book. Most of those who read it, however, will in a few 
years learn these things by personal observation and experi- 
ence. But it is to be hoped they will never have occasion to 
learn practically what war is ; for whether it is in itself right 
or wrong, it is a dreadful evil which it is ever desirable to 
avoid. How much better it would be, if nations should set- 
tle their disputes in a peaceable manner, as individuals do ! 
If the love of military honor were less encouraged, and the 
principles of peace duly inculcated, the time would be has- 
tened when " nations shall learn war no more." 



CHAPTER XVI. 
Of Towns and their Incorporation ; and of Town Meetings* 

§ 1. The necessity of dividing a state into towns and coun- 
ties, has already been shown in part. This necessity will 
be made still farther to appear. There are sundry regula- 
tions necessary to be made in the towns, which the people 
can better make for themselves than can be done by the 
legislature. In so doing, they act in the capacity of a sim- 
ple democracy, which, as has been stated, is a government 
in which all the citizens meet in one body to do business. 

§ 2. A town is a body corporate, or body politic. A body 
politic, or corporation, is a number of persons united, and 
authorized by law to act under one name, and as a single 

What provision is made concerning persons who think it wrong to go to 
war ? Is war desirable ? What are the evils of war \ 
% 1. What reason is here mentioned for dividing a state mto towns ! $ 2. 



64 GOVERNMENT OF NEW YORK. 

person, in the transaction of business. So the people of a 
state or nation, united for the purpose of government, are 
called a body politic. Persons associated ' for any purpose 
without being incorporated by law, are not called a corpora- 
tion. The object of incorporating an association by law is to 
give its members the power to make certain rules Tor their 
government, and to enforce these rules ; and the power to 
sue and be sued, and to hold and sell property, as one person. 

§ 3. Men often unite their money or capital in trade, or 
in carrying on some other business, in company. This is 
called a partnership. A corporation is a kind of partner- 
ship ; but it is very different from a common business part- 
nership. Persons united in trade, can bind none by their 
contracts but those who have consented to go into the part- 
nership : and when they die the partnership must end. But 
not so with a corporation. When the persons who first com- 
posed the corporation are all dead, the corporation is still 
alive ; for those who come after them have all the powers 
and privileges which those had who first associated. 

§ 4. There is another difference : No person can be 
brought into a partnership without his consent ; whereas a 
law incorporating a city or village, brings all the inhabi- 
tants within its bounds into the corporation, often against 
the consent of many. Not so, however, with rail-road, 
banking, and certain other corporations. 

§ 5. To illustrate the effect of an act of incorporation, 
let us suppose that it should be necessary to improve the 
side walks in an unincorporated village ; but a part of the 
inhabitants are unwilling to pay their share of the expense 
of the improvement. There is now no authority to compel 
them to do so. Those, therefore, who wish for the power to 
make such improvement, and all other necessary regula- 
tions for the government of the village, petition the legisla- 
ture for an act of incorporation for that purpose. Such act 
authorizes the inhabitants of the village to pass all laws 
(ordinances they are generally called) which they may 
deem necessary, and to appoint officers to carry them into 
effect. And in the name of the trustees or other proper 

What is a town ? Define body politic, or corporation. § 3. Contrast a cor- 
poration and partnership. $ 4. State farther the difference. § 5. Illustrate 



OF TOWNS AND TOWN OFFICERS. 65 

officers, they may sue and be sued, hold and sell property, 
and do other things which an individual person may do. 
And when the present inhabitants shall have passed off, 
those who shall then occupy their places, will constitute the 
same corporation. 

§ 6. The people of this state are united in one great cor- 
poration. This corporation, however, is not formed by an 
act of the legislature, but by the act of the people in making 
the constitution, or political law of the state. 

§ 7. A town, as a body corporate, may sue and be sued ; 
purchase and hold land and other property for the use of its 
inhabitants ; and make orders for the regulation and use of 
its corporate property. The electors of a town have power, 
at their annual town meeting, to direct money to be raised 
for town purposes ; to establish the compensation of certain 
town officers : to make regulations as to fences ; to direct 
what sum shall be raised in the town for the support of com- 
mon schools ; and to perform sundry other acts that relate 
to their internal affairs : and they have power at such meet- 
ing to elect such town officers as are to be chosen. 

§ 8. Town meetings are required by law to be held on 
some Tuesday between the first Tuesday in February and 
the first Tuesday in May. They must be held in all the 
towns of each county on the same day ; but they are not 
required to be held on the same day in all the counties. 
The officers to be chosen at town meetings, and their powers 
and duties, will be the subject of the next three chapters. 



CHAPTER XVII. 



Tmcn officers, and their Powers and Duties. — Supervisor ; 
Town Clerk ; Commissioners of Highways ; Overseers of 
Highways ; Overseers of the Poor. 

§ 1 . The officers to be elected at town meetings ; are, a 
supervisor ; a town clerk ; so many justices of the peace as 

a corporation by a supposed case. § 6. Is the state incorporated by act of 
the legislature \ How then ? § 7. What corporate powers has a town ? 
What power have the electors 1 § 8. When are town meetings held ? 
$ 1. What officers are elected at town-meetings ! § 2, What are tiie 
5 



6(5 GOVERNMENT OF NEW YORK. 

the town is entitled to elect ; assessors, not less than three 
nor more than five ; a collector ; two overseers of the poor ; 
one town superintendent of common schools ; constables, not 
more than five ; two inspectors of election for each election 
district in the town ; a sealer of weights and measures ; 
as many overseers of highways as there are road districts in 
the town ; and so many pound-masters as the electors may 
determine. All the town officers must be elected by ballot, 
except the sealer, overseers of highways and pound-masters, 
who may be chosen either by ballot, by ayes and noes, or by 
the rising and dividing of the electors, as the meeting may 
determine. All officers voted for by ballot, must be named 
in the same ballot. 

§ 2. The supervisor receives and pays over all moneys 
raised in the town for defraying town charges, except those 
raised for the support of highways and bridges, of common 
schools, and of the poor, where poor moneys are to be raised. 
He prosecutes, in the name of the town or otherwise, as maj 
be necessary, for all penalties or fines of fifty dollars ol 
under, which are forfeited to the town, and for which no othei 
officer is directed to prosecute. He also keeps an account 
of all the money received and expended by him ; and 
accounts annually to the board of auditors of town accounts, 
for the money so received and expended. 

§ 3. The supervisor attends the annual meeting of the 
board of supervisors of the county, and every adjourned or 
special meeting. Persons having accounts against the town, 
present them to the supervisor, who lays them before the 
board of supervisors. The town clerk also hands to him a 
statement of what money has been voted to be raised for the 
support of roads and bridges, and of common schools, and 
for other purposes, which also is to be laid by him before the 
board. 

§ 4. The town clerk keeps the records, books and papers 
of the town, and files all papers required to be filed in his 
office; and records in the town book the minutes of the do- 
ings or proceedings of every town meeting. He delivers to 
the supervisor copies of all entries of votes for raising money 

duties of a supervisor ? § 3. What are his duties as a member of the board of 
supervisors \ $ 4. State some of the duties of a town clerk. % 5. How 



OF TOWNS AND TOWN OFFICERS. 67 

in the town ; and after each town meeting he sends to the 
clerk of the county the names of all the constables elected 
in the town. 

§5. There are in every town four justices of the peace, 
who are elected for four years, one of them only going out 
of office every year by the regular expiration of his term. 
Only one therefore is to be annually elected , except when 
the offices of one or more of the others shall have become 
vacant bv death, removal, or otherwise : in such case, so 
many additional justices must be chosen to fill such vacan- 
cies. A description of the powers and duties of justices will 
be given elsewhere. (Sec Justices' Courts.) The assessors 
and collector are officers whose business it is to assess and 
collect the taxes. (See Chapter 21.) 

§ 6. The commissioners of highways have the care and 
superintendence of the roads and bridges in the town. It is 
their duty to give directions for repairing the roads and 
bridges ; to lay out such new roads as they may deem ne- 
cessary, and to alter or discontinue old ones. But they may 
not discontinue old roads, nor lay out new reads through 
inclosed or cultivated land, without consent of the owner, 
unless certified to be necessary by the oath of twelve free- 
holders of the town. 

§ 7. The commissioners divide the town into as many 
road districts as they may judge convenient, and require the 
overseers to warn the persons in their districts to work on the 
highways the number of days they have been assessed by the 
commissioners ; they cause mile-boards or mile- stones to be 
put up, one mile apart, on post roads and such others 
as they think proper, and guide-posts where such roads 
intersect each other. 

§ 8. It is the duty of the commissioners to estimate and 
assess the highway labor to be performed in the ensuing 
year. The number of days 5 work to be assessed in each 
town, must be at least three times the number of taxable 
inhabitants therein. Every male inhabitant above twenty- 
many justices of the peace are in each town ? How long do they serve ? 
How many are annually chosen ? % 6. What are the 'general duties of the 
commissioners of highways ? What restriction upon their power is here 
mentioned ' § 7. Into what do they divide the town ? What other duties 
do they perform 1 $ 8. Who assesses highway labor ? How do they 



68 GOVERNMENT OF NEW YORK. 

one years, except ministers, paupers and idiots, must be 
assessed at least one day ; and the remainder of the work is 
to be apportioned among these who own or occupy land or 
other property in the town, in proportion to the value of such 
property owned or occupied by each ; the value to be 
ascertained from the last assessment roll. 

§ 9. The overseers of highways, sometimes called path- 
masters, are generally chosen otherwise than by ballot. It 
is the duty of each overseer to repair and keep in order the 
roads in his district, and to see that all persons assessed come 
and work on them ; to collect all fines and commutation 
money; and to execute all orders of the commissioners. 

§ 10. The overseer must give at least twenty-four hours' 
notice to persons, of the time and place when and where they 
are to labor, and with what implements ; and those who are 
assessed at least three days' work, and who have a team, 
and a wagon or plough, may be required to furnish them ; 
for which, with a man to manage them, three days shall be 
allowed for each day's labor thus performed. 

§ 11. Any person who does not choose to work out his 
assessment, or furnish a substitute, may commute for the 
whole or any part of it ; that is, he may pay to the overseer 
the value of his labor in money, which is fixed by law at 
sixty-two and a half cents a day ; but the money must be 
paid within twenty-four hours after receiving notice to work. 
If a person refuses to work, and does not commute by paying 
the value of his labor in money, as required, he forfeits one 
dollar for every day's refusal or neglect. 

§ 12. For necessary improvements on roads and bridges 
in any town, a sum to be estimated by the commissioners, 
but not exceeding $250, may be raised ; the amount to be 
added, by the board of supervisors, to the other charges of 
such town, and to be collected in the same manner. And 
if the electors so determine, at any annual town meeting, 
an additional sum, not exceeding $250, may be raised for 
the same purposes. 

estimate the number of davs to be worked in town ? Then how do they 
apportion the labor ? § 9. How are overseers of highways chosen ? What 
are their general duties ? § 10. How does he warn men to work ? $11. How 
may persons avoid working ? What is commute ? What if he refuses both 
to work and to commute I § 12. How much money may be raised in town 



OF TOWNS AND TOWN OFFICERS. 69 

§ 13. Overseers of the poor. It is the duty of a govern- 
ment to provide for the support of persons who, through 
misfortune, have heen reduced to a state of poverty, and who 
are unable to support themselves. Such provision has been 
made in this country, and to such extent, that no person is 
compelled to beg for the means of support : and consequently 
the people of this country are but little troubled, and seldom 
imposed upon, by vicious persons who go about begging 
from the honest and industrious citizens. 

§ 14. It is the duty of the overseers of the poor, of whom 
there are two in each town, when applied to for the relief of 
poor and indigent persons, to provide for their support. 
Formerly the poor were supported in the towns in which 
they belonged. But more lately the paupers of the several 
towns are removed to the poor house, in such counties as 
have a poor house, where they are supported at the expense 
of the county. 

§ 15. But not every person who is unable to maintain 
himself is supported at the public expense. If the poor 
person has a father, the father must support him : if he has 
no father, or if the father is not able, then his children must 
support him ; and if there are no children, or none who are 
able, then the mother. If neither of such relatives is able, 
alone, to support the poor person, he may be compelled to pay 
a part of the expense ; or any two or more of them may be 
made to pay the whole or a part of the expense of maintaining 
such poor person, according to their ability. 

§ 16. When relatives fail to relieve and maintain their 
poor friends, as required by law, the overseers of the poor 
apply to the court of general sessions of the county for an 
order to compel such relief. 

for improving roads and bridges \ How is it raised ? § 13 Is any provision 
made For the poor \ % 14. W hat are the duties of the overseers of the poor ? 
§ 15. Are all poor persons supported by the public ? What relatives are 
bound to support their poor friends ? $ 16. How are they compelled wheo 
ahey refuse ? 



70 



GOVERNMENT OF NEW YORK. 



CHAPTER XVIII. 



Town Superintendent of Common Schools ; Constables ; In 
spectors of Election. 

§ 1. To carry into effect the laws concerning common 
schools, some officers are necessary in the several towns and 
counties. The officer who is intrusted with this business in 
each town, is the town superintendent of common schools, who 
is to be chosen at the annual town meeting. This officer 
performs the duties which have, until the present year,(1843,) 
been performed by three commissioners of common schools, 
and formerly three, and more lately two, inspectors of com- 
mon schools. 

§ 2. The town superintendent has power to divide the 
town into a convenient number of school districts, which are 
to be described and numbered by him, and the description 
and numbers delivered to the town clerk, to be put on record. 
As towns have been thus divided into districts, little of this 
nature is to be done, except occasionally to alter or divide 
a district, or form a new one ; in which case the trustees of 
a district may apply to the supervisor and town clerk to as- 
sociate with the superintendent. 

§ 3. The superintendent must give a bond with sureties, 
in a sum of double the amount of school money received the 
preceding year by the town, conditioned, that he will faith- 
fully apply all the school money that shall come into his 
hands. He receives from the county treasurer the school 
money apportioned to the town, and from the town collector 
the school money raised in the town; and apportions the 
money so received, among the districts, in proportion to the 
number of children in each, over five and under sixteen 
years. 

§ 4. He must also report to the county clerk the number 
of school districts in the town ; the districts which have made 
their reports to him ; the length of time a school has been kept 

§ 1. What office has the superintendent of common schools in each 
town ? %% What are his power and duties in regard to districts % $ 3. 
What bond does he execute 1 What are his duties respecting the school 
money ? § 4. What does he report to the county clerk ? § 5 What are 



OF TOWNS AND TOWN OFFICERS. 71 

in each, and what portion of the time by inspected teacher § 
the number of children taught in each district the preceding 
year, and the number residing in it between the ages of five ana 
sixteen years ; the amount received by the town the preceding 
year, the amount received by each district, and the manner 
in which it has been expended. 

§ 5. The inspection of teachers also, now devolves upon 
3ie town superintendent. Persons wishing to teach a com- 
mon school apply to the superintendent, who examines them 
in respect to their learning and ability ; and he inquires, or 
ought to inquire, also as to their moral character ; for it is high- 
ly necessary that scholars should be instructed in the princi- 
ples of true morality as well as in other things. If the 
superintendent thinks a person qualified to teach, he gives 
to such person a certificate, stating that he believes him 
to be so qualified. Such certificate has effect for one year 
only, after which a new certificate is required. 

§ 6. The superintendent must also visit the schools at least 
once a year, to examine into their condition, to give advice 
to the teachers and trustees, as to the government of the 
schools and the studies to be pursued in them. If he finds, 
m examining any school, or ascertains in any other way, 
that the teacher is not competent to teach or manage a 
'X?hool, or is of bad character, he may annul the certificate 
of such teacher. To annul a certificate is to make or pro- 
nounce it void, or of no effect. 

§ 7. The inhabitants of each district choose a clerk, whose 
duty it is to give notice of meetings called by the trustees ; 
to record in a book the proceedings of the district, and to 
keep all the books and papers belonging to his office ; three 
trustees, who call meetings, make out tax lists, build a 
school-house, employ teachers, receive and pay out the public 
money, and transact other business of the district ; and a 
collector, who collects all taxes voted to be raised in the dis- 
trict, and the money for teachers' wages, and pays the same 
to the trustees. 

§ 8. The trustees are required every year, in January,by 

his duties as inspector of teachers \ % 6. What as to visiting schools ? As 
to annulling certificates % § 7. What officers are there in each school 
district ? What are the general duties of each ? % 8. to whom do the 
trustees report yearly ? What do they report ? State the number, districts, 



72 



GOVERNMENT OF NEW YORK. 



the I5th, to report to the superintendent the whole time a 
school has been kept, in the district, during the year; the 
amount of money received and how it has been expended ; 
the number of children taught and residing in the district, 
and the names of their parents or other persons with whom 
they reside. The trustees thus reporting to the town super- 
intendent, and he to the county clerk, and the county clerk 
to the state superintendent of common schools, the whole 
number of districts and scholars in the state, and the amouni 
of money paid to teachers, are every year ascertained. [In 
1842, the number of districts was 10,893 ; children between 
5 and 16 years, 601,765, not including New York city ; 
scholars taught 598,749, including New York city ; amount 
of the school fund $1,968,290 ; money received in the towns 
from all sources, $666,903.] 

§ 9. Constables, not less than three, nor more than five, 
as the electors shall determine, are chosen in each town. 
The principal duties of a constable are, to serve all processes 
issued by justices of the peace, in suits at law for collecting 
debts, and for arresting persons charged with crimes. 

§ 10. Inspectors of election. Until the present year, (1843,) 
the supervisor, town clerk, and assessors, were inspectors oi 
election. By a late act of the legislature, the supervisor, 
assessors and town-clerk, are required to divide all towns 
containing more than five hundred electors, into two or more 
election districts, so that no district shall contain more than 
five hundred electors ; and at the annual town meeting, the 
electors choose two persons residing in each district as in- 
spectors of election in such district. And immediately after 
the votes of the town meeting are canvassed, the presiding 
officers of the meeting appoint a third inspector, to be selected 
from the two persons in the district who have received the 
highest number of votes next to the two inspectors elected. 

§ 11. The inspectors keep the ballot-boxes, and put into 
them the ballots handed to them by the voters. They appoint 
two clerks, each of whom is to keep a poll list, which is a 
list of the names of all persons voting at the election. By 
this list it may at any time be known who have voted, so 

children, &c, in the state. § 9. How many constables are generally elected 
\n each town ? What are their duties I <> 10 How are towns divided into 
erection districts ? How are inspectors of election chosen \ $ 11. Bj 



OF TOWNS AND TOWN OFFICERS. 73 

that a person may be detected if he should offer to vote a 
second time ; and on counting the ballots, if the number is 
found to agree with the number of names on the poll list, 
and if the lists of both clerks agree, it is presumed there is 
no mistake in the election. 

§ 12. It is the duty of the inspectors to keep order and 
regularity at the election ; and they have power to commit 
to jail any person for disorderly conduct. It is their duty 
also to prevent persons from voting who have no right to 
vote ; and if any person is suspected of offering to vote 
without being qualified, they may require him to make oath 
as to his qualifications. 

i § 13. After the poll is closed, that is, after the voting is 
ended, the inspectors publicly canvass the votes, and make 
a statement of the number of votes given for each person 
voted for ; which statement is to be delivered to the supervisor, 
to be carried to the meeting of the board of county canvas- 
sers. This board consists of the several supervisors in the 
county, who meet to ascertain the whole number of votes 
given in the county, at the election. 



CHAPTER XIX. 



Town Sealer ; Board of Auditors of Toion Accounts ; Commis- 
sioners of Excise ; Fence Viewers; Strays; Pound Masters. 

§ 1. The town sealer is required to keep correct copies of 
the standard of weights and measures established by the 
state. Copies of such standard are furnished by the state 
sealer to each county sealer, at the expense of the county, 
who furnishes each town sealer with a copy of the different 
weights and measures, at the expense of the town. The 
town sealer must compare such copy once in three years, 
with that in the office of the county sealer. 

whom, and why, are poll lists kept \ § 12. What are the power and duties of 
inspectors as to keeping order at elections ? § 13. After the poll is closed, 
what is done ? 

§ 1. Whence does the town sealer receive copies of standard weight? 
and measures ? $1,2. What are his duties * What is the penalty for 



74 GOVERNMENT OF NEW YORK. 

§ 2 When weights and measures are brought to the town 
sealer, he compares them with the copy in his possession; 
and if they are not correct, he makes them conform to the 
lawful standard, and seals and marks them. If a person 
uses a weight or measure that does not agree with the 
standard, and by which any purchaser suffers injury, the 
party injured may sue the offender, and recover three times 
the amount of damage. 

§ 3. There is in every town a hoard of auditors of town ac- 
counts, consisting of the supervisor and town clerk, together 
with the justices, or any two of them. They meet every 
year, on the last Saturday preceding the annual meeting of 
the board of supervisors of the count}^ for the purpose of 
auditing and allowing the accounts of all charges and claims 
against the town. A particular statement of the accounts, 
audited and certified by a majority of the board, is delivered 
to the town clerk, to be kept on file in his office for inspection 
by the inhabitants of the town, and a copy of such certified 
statement is delivered to the supervisor, to be laid before the 
board of supervisors. 

§ 4. Commissioners of excise are a board of officers who 
meet on the first Monday in May in every year, to grant 
licenses to tavern keepers and grocers, for selling spirituous 
liquors in small quantities. Excise is a duty or tax which 
is paid for the right to sell such liquors. These commission- 
ers are the supervisor, and the four justices of the town. 
The supervisor and two justices, or if there is no supervisor 
at the time, three justices have power to grant licenses to 
tavern keepers to sell liquors, only to be drank in their houses 
or on their premises ; and to grocers, but not to be drank in 
their shops or on their premises. And without such license, 
no person has a right to sell such liquors in quantities less 
than five gallons. 

§ 5. A tavern-keeper must give a bond in the sum of 
$125, with a surety, that he will keep an orderly house ; 
and the commissioners must be satisfied that he is of good 
moral character, and has the necessary accommodations for 

using unsealed weights and measures ? § 3. Who constitute the board of 
auditors % When do they meet :? What do they do I § 4. "Who are the com- 
missioners of excise \ What is excise ? When do they meet \ For what 
purpose ? State the nature of the licenses they give ? % 5. What is requi 



OF TOWNS AND TOWN OFFICERS. 75 

travellers ; and that a tavern for their accommodation is 
necessary at the place where it is to be kept. Grocers must 
also be deemed to be of good character, and give a like bond 
that they will not suffer their groceries to be disorderly, nor 
allow liquor to be drank on their premises. 

§ 6. The commissioners have power to determine the sum 
to be paid for a license ; which may not be less than five, 
nor more than thirty dollars. The money obtained for 
licenses is applied to the support of the poor. Persons sell- 
ing liquors in quantities less than five gallons, without 
license, or tavern-keepers and grocers selling otherwise than 
according to their licenses, may be prosecuted and fined, not 
exceeding twenty-five dollars for each offence. 

§ 7. Licenses to keep tavern may be granted without 
including a license to sell spirituous liquors ; in which case 
nothing is paid for a license. No person may keep up a 
tavern sign, unless he has a license to keep tavern. For 
every day he shall so keep up a sign, he shall forfeit one 
dollar and twenty-five cents. 

§ 8. Fence vieivers. The assessors and commissioners of 
highways are the fence viewers of each town. Their du- 
ties relate principally to division fences, and the estimation 
of damages by cattle, and of charges for keeping strays 
and animals impounded. 

§ 9. Each of the owners of adjoining lands must make 
and maintain a just proportion of the division fence between 
them, unless one of them shall choose to let his land lie open; 
but if he shall afterwards enclose it, he must refund a just 
proportion of the value of the fence, or build his proportion. 
And if a dispute arises between the owners of adjoining 
lands, concerning the division fence, which they cannot settle 
themselves, it may be settled by two of the fence viewers, of 
whom each party chooses one ; but if either party neglects* 
to make such choice after eight days' notice, the other party 
chooses both. The two thus chosen, if they disagree, choose 
another fence viewer to act with them ; and the decision of 
any two agreeing is binding upon the parties. ■ 

red of tavern-keepers and grocers ? §6. How much or how little may be 
charged for a license \ %1. May licenses be granted to any without charge t 
To whom ? What is the penalty for keeping tavern without a sign? ? 8. 
Who are fence viewers \ To what do their duties relate \ § 9. State the 



76 



GOVERNMENT OF NEW YORK. 



§ 10. The electors may, at their town meeting, prescribe 
what shall be a sufficient fence ; and if a person does not 
keep such fence, he cannot recover payment for damages 
done by beasts lawfully running on the highways ; and if a 
person does not keep his part of a division fence in repair, 
he is liable to pay damage to the party injured, the damage 
to be ascertained by two fence viewers. If he shall neglect 
for one month after request in writing, to repair such fence, 
the party injured may repair it at the expense of the party 
so neglecting. 

§11. Strays. If at any time a strayed horse, or if, be- 
tween the first day of November and the first day of April 
thereafter, any strayed neat cattle or sheep, come upon the 
enclosed land of any person, such person must, within ten 
days, make a note in writing, containing his name and place 
of abode, and a description of the strays, and deliver it to 
the town clerk, to be entered in the town book. This is done 
that the owner of animals straying at that season may know 
where he is likely" to get information concerning them. 

§ 12. The owner of strays thus entered, before he is en- 
titled to take the same, must pay to the keeper his fees for 
getting them entered, the fees of the clerk for entering them, 
and the charges for keeping them. If they cannot agree 
upon the amount of charges to be paid, the owner may 
choose two fence viewers to estimate the charges, who for 
their services must be paid by the owner of the strays. 

§ 13. If no person appears to claim the strays on or be- 
fore the first of May, or if the owner refuses to pay the 
charges, the keeper may, after giving due public notice, sell 
them to the highest bidder, and the residue of the money, 
after deducting all charges, must be paid to the owner on 
demand, if it shall be demanded within a year after the sale ; 
l)ut if not demanded within one year, he loses his claim to 
it, and it is paid to the supervisor for the use of the town. 

§ 14. Pound-masters are chosen at town meetings to keep 



law here given, about making division fences ; and the manner of settling 
disputes between owners of land. § 10. In what cases may, and in what 
may not, the owner of land recover for damage done by cattle ? § 11. If a 
stray comes into a man's enclosure, what is the lawful course for him to 
take? $ 12. What must be done to entitle the owner to his stray? § 13. 
If the owner never appears, what is done ? $ 14. What is a pound? Wha* 



OF TOWNS AND TOWN OFFICERS. 77 

(he pounds. A pound is a small enclosure surrounded by a 
strong fence, in which beasts having done damage are con- 
fined. Any person sufFering damage by unruly animals, 
may keep them in a safe place other than the public pound, 
and within twenty-four hours, (Sunday excepted,) he must 
apply to two fence viewers to appraise the damage. If the 
damage and expenses are not paid within twenty- four hours 
thereafter, the beasts are put into the nearest pound in the 
county ; and if they are not discharged according to law, 
within six days, they may be sold to pay the damage sus- 
tained, and the charges for impounding and keeping them. 



CHAPTER XX. 



County Officers. — Board of Supervisors ; Treasurer ; Clerk ; 
Sheriff ; Surrogate ; District Attorney ; Judges ; Super- 
intendents of Poor ; Superintendent of Schools. 

§ 1. A county, like a town, is a body corporate, constituted 
by an act of the legislature and having the same rights and 
powers. The powers of a county, as a body politic, are exer- 
cised in the name of the board of supervisors of the county, 
and all acts and proceedings by or against it, must be in their 
name. 

§ 2. The principal officers of a county are, the board of 
supervisors, a county clerk, a county treasurer, a sheriff, 
four coroners, five county judges, a surrogate, and a district 
attorney. 

§ 3. The hoard of Supervisors consists of the supervisors 
of the several towns in the county. They meet annually, 
on a day designated by law, which is, in most counties, in 
the month of October or November ; and they may also hold 
special meetings when necessary. 

§ 4. The board has power to make orders concerning the 

is done with animate before impounding them? What is the duty of th* 
pound-master. 

$ 1. In whose name are the powers of a county exercised ? $ 2. Who ' 
are the principal county officers ? § 3. Who compose the board of super- 
visor* I When do they meet ? $ 4. What are their duties ? § 5. What id 



78 GOVERNMENT OF NEW YORK. 

corporate property of the county ; to examine and settle 
the accounts against the county, and to order the raising of 
money to defray its expenses ; to provide for repairing the 
court-house and other county buildings ; to audit the accounts 
of town officers and other persons, against their respective 
towns, and direct the raising of money to defray the same ; 
and to perform such other duties as the laws require. 

§ 5. They choose one of their number at every meeting, 
to preside as chairman ; and whenever it may be necessary 
they appoint a clerk, who is not one of their number. The 
clerk records the proceedings of the board in a book, and 
preserves and files all accounts acted upon by the board. 
Their books, records, and accounts are deposited with the 
clerk, and may be examined by persons wishing to do so. 
The clerk is entitled to a reasonable compensation for his 
services, to be fixed by the board, and paid by the county. 
The compensation of each supervisor as member of the board, 
is two dollars a day. 

§ 6. The county treasurer is appointed by the board ot 
supervisors, and holds his office at their pleasure. He gives 
them a bond with sureties, in such sum as they direct, for the 
faithful performance of his duties. He receives all the money 
belonging to the county, and. pays and applies the money as 
the law requires. He also receives such money belonging 
to the state, as is required by law to be paid to him, and 
transmits to the comptroller, every year, on or before the first 
of March, a statement of the money of the state received by 
him; and at the same time pays the money to the state 
treasurer. He has a few other duties to perform, some of 
which are mentioned in other chapters. He receives as a 
compensation one per cent, on every dollar received and paid 
by him. 

§ 7. The county cleric is elected by the people at the 
annual election, for three years. He has the custody of all 
the books, records, deeds, maps, and papers, relating to the 
business of the office, and files all papers required to be filed 
in his office ; and he records in books all deeds, mortgages, 
or other conveyances, and all papers and documents required 

done by their clerk ? What is their compensation ? § 6. By whom is the 
county treasurer appointed ? What are his duties ? His compensation ? 






OF TOWNS AND TOWN OFFICERS. 79 

by law to be recorded. (For definition of deeds, &c, 
see Chap. 29.) County clerks, except in the county of New- 
York, are clerks of the county and circuit courts held in 
their respective counties. 

§ 8. The clerk of each county serves also as clerk of the 
board of county canvassers of the general election; and 
transmits to the secretary of state a list of the names of the 
persons elected in the county, as members of assembly, 
sherriffs, and coroners ; and to the governor, comptroller, and 
secretary of state, each, a statement of the votes given in the 
county for governor, lieutenant governor, state senators, and 
representatives in congress ; which statement is to be by 
them delivered to the state canvassers, to ascertain the whole 
number of votes given in all the counties, for all state officers. 
The state canvassers are the secretary of state, the comp- 
troller, the attorney-general, the surveyor-general, and the 
treasurer. 

§ 9. Other duties performed by the county clerk, are 
mentioned in other places. He has no salary; his compen- 
sation consists of fees, which are fixed by law, for recording, 
filing, and all other business done by him. He employs a 
deputy at his own expense. 

§ 10. Sheriffs are chosen at the general election, for three 
years ; and they may not be elected for the next three years. 
A sheriff must give a bond, with sureties, in the sum of 
$10,000 for the faithful performance of his duties; and this 
bond is to be renewed every year. The bond of the sheriff 
of the county of New- York is $20,000. The sheriff appoints 
an under sheriff, to perform the duties of sheriff in case the 
office should become vacant, until a new sheriff shall be 
elected ; and he also appoints as many deputies as he may 
think proper. 

§ 11. It is the duty of the sheriff to attend the sitting of 
all courts held in the county ; to serve all processes directed 
to him by any of the state or county courts ; and to have 
the custody of the jails and of the prisoners in them. 

$ 7. How, when, and for what term, is the county clerk chosen ? What is 
his general business ? § 8. What in regard to elections, &c. ? Who are 
the county and state canvassers ? § 9. What is a clerk's compensation ? 
% 10. When and for what term ere sheriffs elected ? What bonds must they 
give ? What unde* officers has a sheriff? § 11. What are his general 



80 GOVERNMENT OF NEW YORK. 

Executions issued out of any courts in the state, against the 
property of any person, are directed to the sheriff of the 
county in which the person resides. 

§ 12. There are in each county four coroners, who are 
chosen at the general election, and hold their offices for three 
years. When a person has been slain, or has suddenly died, 
notice is given to a coroner, who goes to the place where 
such person shall be, to inquire into the cause of his death. 
A jury is summoned, and witnesses subpoenaed, among 
whom there is generally a physician or surgeon. After the 
examination, the jury give their opinion in writing, as to the 
cause and manner of the death. Such examination into the 
cause of a person's death, is called a coroner's Inquest. 
Coroners perform the duties of sheriff, when vacancies 
happen in the offices of both sheriff and under sheriff. 

§ 13. The surrogate of each county is appointed by the 
governor and senate. He inquires into and settles the estates 
of persons that have lately died. He examines witnesses to 
prove whether the wills of such deceased persons are valid 
or not. A villi is a writing in which a person directs how 
his property shall be disposed of after his death. If the sur- 
rogate is satisfied that the will is lawfully made, he approves 
it. This officer is, in some states, called judge of probate. 
The Latin probatus means proof ; hence probate has come 
to mean proving of a will. The duties of surrogates will be 
more particularly described. (See Wills and Testaments.) 

§ 14. The district attorney is appointed by the judges of 
the county courts. He attends all courts in which persons 
are tried for crimes, and conducts all prosecutions for 
crimes tried in such courts. 

§ 15. The judges of county courts are appointed by the 
governor and senate, for five years. For a description of 
their powers and duties, see Chap. 24. The judges receive 
two dollars a day for attending courts. 

§ 16. The superintendents of the poor of the county, of 
whom there must be not less than three, nor more than five, 
are appointed by the board of supervisors, to hold their offices 

duties ? 12. How many coroners in each county \ How, and for what 
term chosen ? What is a coroner's business ? % 13. How is the surrogate 
appointed ? What are his duties ? % 14. State the mode of appointment 
ami duties of district attorney. $ 15. How and for what term are county 



OF TOWNS AND TOWN OFFICERS. 81 

for one year, and until others are appointed. They have 
the usual powers of a corporation, and the general care and 
superintendence of the county poor. 

§ 17. It is their duty to provide places for keeping the 
poor, by buying or renting suitable buildings for the purpose ; 
and to provide the means of supporting the poor. They 
employ keepers of the poor-houses and other places at which 
the poor are kept, and make rules for the government of 
such places. They draw on the county treasurer for money 
to defray the expenses of the poor, and account to the board 
of supervisors for all money received and expended by them. 
And they are required to cause pauper children over five 
and under sixteen years of age, to be educated at least one 
fourth part of the time they remain at the poor-house. The 
superintendents are entitled to a reasonable compensation, to 
be determined by the supervisors. 

§ 18. There is also a county superintendent of common 
schools in each county, appointed by the board of supervisors, 
and holds his office two years. In counties containing more 
than one hundred and fifty school districts, the board may, if 
they think proper, appoint two superintendents, dividing the 
county into two districts, and assigning one district to each 
superintendent. 

§ 19. A county superintendent of common schools has the 
same supervision over the schools throughout the county, as 
a town superintendent has in his town. He may grant 
certificates, which shall entitle a teacher to teach for an 
indefinite time, without re-examination. 

judges appointed ? § 16, 17. How and for what term are superintendents 
of tne poor appointed I What, are their powers and duties ? § 17. How 
do they provide for the poor ; account for money, &c. ? § 18. How is the 
county superintendent of schools appointed \ For what term ? § 19. What 
powers has this officer ? 






82 GOVERNMENT OF NEW YORK. 

CHAPTER XXI. 

Of the Assessment and Collection of Taxes. ■ 

§ 1. As no government can be maintained without ex- 
pense, and as every person is in some way benefited by the 
government, it is the duty of all who are able, to pay some- 
thing for its support. And every good government has 
within itself the power to provide the means necessary for 
this purpose. One way of raising money to defray the ex- 
penses of government, is by taxation ; and the money which 
each person pays is called a tax. The state officers, as has 
been shown in preceding chapters, are paid out of the state 
funds. But the expenses incurred in the several towns and 
counties, are raised by a tax upon the property of the citizens. 

§ 2. All lands and all personal estate are liable to taxa- 
tion in this state, except public property ; buildings erected 
for colleges, academies, and common schools, and for public 
worship ; the property of literary and charitable institutions ; 
and the property of every minister of the gospel to the 
amount of $1500. Lands, real property, and real estate, have 
the same meaning, and include land with all buildings and 
other articles erected or growing thereon. Personal estate, 
or personal property, includes all household furniture, money, 
goods, chattels, and debts due from solvent creditors. 

§ 3. As taxes are laid upon property, and as each person 
is to pay in proportion to the value of his property, the first 
thing to be ascertained is, what amount of property is owned 
by each person in the town. This is the business of the 
assessors, of whom there are usually three elected in each 
town, at the annual town meeting. There must be at least 
three, and there may not be more than five assessors. 

§ 4. The assessors pass through the town, between the 
first of May and the first of July, and set down in their 
assessment roll the names of all the taxable inhabitants, 
and the value of all the property of each, real and personal. 

§ 1. How is money raised to pay public expenses 1 What is a tax 1 To 
pay what expenses are taxes laid ? $ 2. On what are taxes laid ? What 
property is exempt ? What is real, and what personal estate? $3. What 
is the first business of assessors ? § 4. How do they estimate and set down 



OF THE TAXES. 83 

If any one is owing debts, the amount of such debts is to 
be deducted from the value of his personal property; but 
no deduction may be made from the value of his real estate. 
[f there is land which is unoccupied, and is owned by per- 
sons not residing in the town, it is called " land of non- 
residents." Such land must also be assessed. 

§ 5. The assessors then put up notices in three or more 
places in the town, stating that the assessment roll is com- 
pleted, and left with one of their number, who is named in 
the notice, where the roll may be examined by any of the 
inhabitants during twenty days, to see whether their 
property has been assessed at too high a value. At the ex- 
piration of twenty days, the assessors- meet at the place men- 
tioned, to review their assessments ; and persons who think 
their property set down at too high an estimate, are allowed 
to prove lis true value, or the}* make affidavit of what they 
consider to be its true value : and the assessors then reduce 
their assessment accordingly. An affidavit is a declaration 
in writing, sworn to before a proper officer. 

§ 6. The assessment roll of each town is taken by the 
supervisor to the meeting of the board of supervisors, by 
whom each man's tax is to be estimated. But the assessors 
of some towns assess property higher than those of other 
towns ; end unless the assessments were made equal, the 
people in some towns must pay more than a just share of 
the taxes. To prevent this, the board, before taxes are es- 
timated, so increase or diminish the valuation of real estates 
in certain towns, as to make it equal to the valuation in other 
towns. 

§ 7. But by equalizing the valuations, it is not to be un- 
derstood that the land in all the towns is estimated at the 
same value by the acre ; because the land in some towns, 
being in a better state of cultivation or lying nearer to mar- 
ket, is worth more than the land in other towns ; but to 
equalize valuations, the valuation of the land in one town 
must be made tobearajust relation to the valuation in another, 
according to the quality and real worth of the land in each. 

the value of property \ § 5. When this is done, what notice do they give ? 
For what purpose ? How are assessments corrected ? $ 6. What do the 
board of supervisors do with the assessment rolls before the tax is estimated ? 
$ 7. By what rule is this done 1 $ 8. By whom are the taxes estimated ? 



84 GOVERNMENT OF NEW YORK. 

§ 8. The board then cause the tax to be estimated, which 
is generally done by their clerk ; and the amount of each 
person's tax, in dollars and cents, is set down opposite to the 
valuation of his property in the assessment roll. A copy 
of the roll is then delivered to each supervisor, and by him 
to the clerk of his town, to be kept for the use of the town ,% 
another copy is to be delivered to the collector of the towr* 
by the 15th of December ; to which copy is annexed b 
warrant, signed by every member of the board, commanding 
the collector to collect from each person named in the roll 
the amount of his tax. 

§ 9. The collector of the town, after receiving the tax list 
and warrant, collects the taxes. If any person refuses or 
neglects to pay his tax, the collector is authorized to take and 
sell the property of such person. But he cannot sell the 
real estate of any person for taxes. 

§ 10. When the taxes are collected, the collector pays 
over the money as directed in the warrant, after deducting 
what he is entitled to for his services, which is five per cent, 
or five cents on every dollar, unless at the town meeting the 
electors voted to allow a less percentage. To the town 
superintendent of common schools he pays the sum voted at 
the town meeting to be raised for the support of common 
schools therein ; to the commissioners of highways the sum 
raised for the support of highways and bridges ; to the over- 
seers of the poor, (where there is no poor house or other 
place for keeping the poor of the county,) the sum raised 
for the support of the poor in the town ; to the supervisor 
all other money raised in the town to defray any other town 
expenses; and the residue to the county treasurer, by the 
-: irst day of February. 

§ 11. The collector is required to deliver to the county 
treasurer an account of all the taxes remaining unpaid, and 
which he is not able to collect. The amount of these he is 
not obliged to pay to the treasurer. The county treasurer 
sends to the comptroller a statement of all lands in the county 

How are the rolls then dirposed of? $ 9. Who collects the taxes? What 
property may lie not sell for taxes 2 . § 10. What compensation does he re- 
ceive ? To what officers does he pay the money collected ? § \1. What 
returns does he make of unpaid taxes l What are the duties of the county 
treasurer and of the comptroller, in regard to such taxes ? 



OF THE COURTS. 85 

cm which the taxes are unpaid, and of the amount of taxes 
charged on such lands ; and if the taxes remain unpaid two 
years from the first day of May in the year after they were 
assessed, the comptroller proceeds to advertise and sell the 
lands. If such lands shall not be redeemed within two years 
after such sale, by the payment of the taxes due, and of all 
charges, the comptroller shall execute a deed of the land to 
the purchaser. 



CHAPTER XXII. 

Of Courts of Justice. — Justices' Courts. 

§ 1. In the preceding chapters it has been shown how the 
laws of the state are made, and how the government is admin- 
istered ; and also what are the powers and duties of officers 
in the legislative and executive departments of the govern- 
ment. There is another class of officers, whose powers and 
duties remain to be described, called judicial officers. The 
business of judicial officers is to administer justice to the citi- 
zens ; and when sitting for that purpose they are called a 
court. Sometimes we mean by court, the judges or justices, 
jurors, and other persons engaged in a trial ; but frequently 
only the judges or justices holding the court are meant. 

§ 2. The necessity of courts of justice is easily seen. It 
would be improper to allow every man who thinks himself 
injured to be judge in his own case, as to what is right or 
wrong, and to punish others for acts which he might think to 
be contrary to law. If such were the case, there might as 
well be no law at all. Mankind are generally partial to 
themselves ; and therefore they would be unsafe judges be- 
tween themselves and others. Besides, but a small portion 
of the people are sufficiently learned in the law to be judges. 

§ 3. Hence, that justice may be done to all, as far as pos- 
sible, it must be obtained in courts of law ; and to prevent 
injustice from being done to any member of the community, 

% 1. What is the business of judicial officers ? § 2. From what does the 
necessity of courts of justice appear ? $ 3. To prevent injustice in case of 



86 GOVERNMENT OF NEW YORK, 

the constitution requires, that in all cases of crime, however 
openly it may been committed, the offender must have a fair 
and impartial trial. (Cons. art. 7, § 1, 2, 7.) 

§ 4. There are numerous kinds of courts in the state, some 
of a higher, and others of a lower order. Some have general, 
and others special jurisdiction, and that which is more 
limited. When we speak of the jurisdiction of a court, we 
have reference to its power to pronounce the law. The word 
jurisdiction is composed of two Latin words, jus, law, and 
diction a speaking; hence juris dictio, a speaking of the law. 
The jurisdiction of a court therefore means how far, and in 
what cases, it has power to try and determine questions in 
law. 

§ 5. Some courts have power only to try civil causes ; 
others have jurisdiction in causes both civil and criminal. Some 
have jurisdiction in cases arising in any part of the state; 
others only in cases arising within the county. As most 
suits at law are tried in justices' courts, and as cases may 
be carried up from them to the higher courts, we shall begin 
with the lowest and proceed to the highest. 

§6. Justice's court. A justice of the peace can try a 
cause only in the town for which he is chosen, and in which 
he resides, though. he can issue a process in any town in the 
county. And he can try civil causes only, and only those 
in which a limited sum is sued for. Causes are called civil, 
when money is claimed ; criminal, when persons are tried 
for crime. Causes, actions, and suits, though somewhat 
different in meaning, are words generally used to signify 
the same thing, meaning prosecutions at law, or lawsuits. 

§ 7. A justice can try suits only in which the sum sued 
for does not exceed 8100 ; but he may take and enter judg- 
ment on the confession of a defendant, for any sum not ex- 
ceeding $250. (See Chap. 23, § 7.) No suit can be com- 
menced before, or tried by, a jusiice who is a tavern-keeper; 
but he may issue executions on judgments previously taken 
by him. 

crime, what does the constitution require? $4 What different kinds of 
courts are there ? What is jurisdiction ? § 5. What difference is there be- 
tween the jurisdiction of one court and that of another? §6. How is a 
justice's jurisdiction limited? What is a civil suit? Criminal? Define 
cause, action, suit. % 7. To what sum is a justice limited ? In what 



OF THE COURTS. 87 

§ 8. Actions must be brought before a justice of a town in 
which one of the parties resides, or of a town adjoining, in the 
same county; otherwise a plaintiff might maliciously :. 
a defendant to the remotest part of the county, simply to 
give him unnessary trouble, or perhaps to compel him to a 
settlement on unjust terms. A plaintiff is the party that 
sues ; the party sued is called defendant, because he deft 
himself in the suit. 

§ 9. Actions may be commenced by the parties going 
voluntarily before a justice; but this is seldom done. 
Suits are generally commenced by process, which means a 
written instrument issued by a justice, enforcing proceedings 
at law. The process by which a suit is in most cases com- 
menced, is a summons ; and the action is considered com- 
menced on the day when the summons is delivered to the 
constable. 

§ 10. A summons is addressed to any constable of the 
county, commanding him to summon the defendant to appear 
before the justice, on a day and at an hour specified, which 
must be not less than six nor more than twelve days after the 
date of the summons, to answer the plaintiff in a plea men- 
tioned, and the summons must be served at least six days 
before the time when the defendant is to appear. 

§ 11. If the defendant is found, the constable serves the 
summons by reading it; and if the defendant requests it, the 
constable must give him a copy of it. If he is not found, a 
copy must be left at his place of abode, with some one of 
the family of suitable age. The constable returns the sum- 
mons to the justice, at or before the time named for trial, 
with an indorsement on the back of it, stating the time it 
was served, and also whether personally served, or served 
by copy. If served by copy, and the defendant does not 
appear, a new summons is immediately issued. 

§ 12. Either party may appear in person, or by attorney, 
that is, another person appointed to answer and act for him. 
Parties who are minors, must always have a next friend or 
a guardian to act for them. When parties have appeared 

cannot a justice act ? § 8. In what town must a suit be brought ? Who 
is the plaintiff? Defendant? §9. How are suits usually commenced'? 
What is a process ? A summons ? § 10. What does a summons contain ? 
Ml. How is a summons served ? How returned to the justice ? § 1*2. How 



88 



GOVERNMENT OF NEW YORK. 



and answered to their names, they make their pleadings; 
that is, the plaintiff declares for what he brings his suit ; 
and the defendant declares the nature of what he has to 
offset against the plaintiff's demand ; or he pleads that he has 
paid him, or that he never owed him, as the case may be. 
These acts of the parties are called joining issue. The 
pleadings may be either verbal, (by word,) or written. If 
written, the justice must file and keep them; if verbal, he 
must enter the substance of them in his docket. 

§ 13. A defendant cannot offset any demand which he 
may buy, or in any other way get against a plaintiff, after 
the suit has been commenced. And a defendant must, on join- 
ing issue, plead, or give notice of a set-off, specifying the 
nature of his claim, or he will not be entitled to a set-off; 
and if he neglects to offset his claim, he can never thereafter 
recover such demand by law. There are certain demands 
which a defendant is not obliged to bring in against a plaintiff. 

§ 14. If the demands of the parties are unequal, the jus- 
tice enters judgment against the party owing, for the amount 
due the other, with the costs of suit. Judgment is what is 
adjudged to be due from the one to the other, and always 
includes the costs, which consist of the fees of the justice, 
constable, and witnesses. If nothing is found to be due the 
plaintiff, judgment is entered against him for the costs. 

§ 15. At the time of joing issue, the justice may, at the 
request of the plaintiff, adjourn, or put over, the trial, not 
exceeding eight days ; but if required by the defendant the 
plaintiff must make oath that he cannot, for the want of some 
material witness, safely proceed to trial. The defendant 
also is entitled to an adjournment, for such reasonable time 
as may be necessary for him to procure a material witness, 
not exceeding ninety days, if, when required by the plain- 
tiff or the justice, he makes oath that he cannot safely goto 
trial without such witness. 

§ 1(5. A man's own word is not taken as proof in his favor 
in a court of justice : he cannot establish a fact without wit- 
nesses. The justice, therefore, on the request of either party, 

do parties appear ? Whet are pleading ? What is joining issue ? § 13. 
What is said about set-off? \ 14. Against which party is judgment enter- 
ed ? ^ 15. In what cases, and for how long a time, may a suit be adjourned 1 
$16. What isasubpcena? Its effect? By whom served I What must 



OF THE COURTS. 89 

issues a subpcrna, which is a writing commanding persons 
to appear and give evidence on the trial ; but a subpoena 
can only compel the attendance of witnesses being in the 
same county or a county adjoining. A subpoena may be 
served by a constable or any other person, who must pay, or 
offer to pay, the witness the fees allowed by law for one day's 
attendance, which is twelve and a half cents, or the witness 
is not obliged to attend. 

§ 17. If a person duly subpoenaed does not appear, the 
party for whom he was subpoenaed may make oath that the 
testimony of the witness is material ; whereupon the justice 
may issue an attachment commanding the constable to bring 
the witness, who must pay the fees of both the justice and 
the constable, unless he shall show reasonable cause for not 
attending. And a witness who, without a reasonable excuse, 
does not appear, or appearing, refuses to testify, may be fined 
by the justice not less than sixty-two and a half cents, nor 
more than ten dollars, for the use of the poor ; and if the 
fine is not paid, he may be imprisoned not exceeding thirty 
days, or until the fine shall be paid : and he is liable also 
to pay all damage sustained by the party in whose behalf 
he was subpoenaed. 

§ 18. At the time of trial, the justice proceeds to try the 
issue. The witnesses are sworn to testify truly to what they 
know ; and after hearing the proof on both sides, the justice 
decides according to law and equity, as the right of the case 
may appear. If a defendant does not appear at the time of 
trial, the justice may hear the proofs and allegations of the 
plaintiff, and determine the case according to what shall be 
made to appear by that party alone. 

be offered or paid a witness ? $ 17. If a witness does not appear what may 
be done ? In what cases may he be fined and imprisoned ? To what is he 
farther liable ? § 18. How does the justice proceed and try the issue 1 



90 



GOVERNMENT OF NEW YORK. 



CHAPTER XXIII. 



Trial by Juries ; Collection of Judgments ; Appeals, fyc. 

§ 1. One of the most valuable privileges enjoyed by the 
people of this country, is the right of trial by jury. It may 
so happen that a suit is brought before a justice who is not 
well informed in matters of' law; or he may be supposed 
to entertain feelings of partiality towards one of the parties ; 
or it may be suspected that he is not an honest man. There- 
fore, it is not always safe to submit a cause to a justice for 
decision. And that all may have the means of obtaining 
justice, the constitution secures to every person the privilege 
of having a jury to try any cause to which he is a party. 
(Cons. art. 7, § 2.) 

§ 2. A jury is a number of men who sit on a trial, and 
are sworn to try a matter of fact, and to declare the truth 
according to evidence. This declaring of the truth is called 
verdict, which means a true saying. A jury in a justice's 
court consists of six men, ail of whom must agree in their 
verdict. It is therefore presumed, that, when so many men 
are all of one opinion, their verdict is correct. 

§ 3. The manner of obtaining a jury is as follows: At 
any time after issue is joined, and before any testimony is 
heard, either party may demand of the justice that the cause 
be tried by a jury. The justice then issues a venire, which 
is a precept commanding a constable to summon twelve men, 
duly qualified, to appear before the justice to make a jury to 
try the cause between the parties named in the venire. A 
list of the names of the persons summoned is made by the 
constable, annexed to the venire, and returned to the justice. 

§ 4. At the trial of the cause, the names of the men so 
returned, and who shall appear, are written on separate 
pieces of paper, and put into a box or a hat, out of which the 
justice drawls the names of six men, against whom no 
objection shall be made : for no man may serve as a juror, 

§ J. Why is the right of trial by jury a great privilege ? § 2. What is a 
jury? A verdict? $3. How is a jury obtained? What is a venire? 
How returned ? $ 4. How are jurors drawn ? Who may not serve ? 



OF THE COURTS. 91 

if objected to, who is not a freeholder, nor owns personal 
estate worth $250, or who is nearly related to either party, 
or has any interest in the suit to be tried, or has already 
formed an opinion. If a sufficient number shall not be drawn, 
the justice may direct the constable to summon of the by 
standers or others to make up the deficiency. 

§ 5. After hearing the proofs and allegations of the parties, 
the jurors are put under the charge of a constable, who is 
sworn to keep them in some convenient place, without meat 
or drink, except such as the justice may order, till they agree 
on their verdict, or till discharged by the justice. Nor 
shall the constable allow any person to speak to them during 
such time, nor speak to them himself, except by order of 
the justice, unless to ask them whether they have agreed on 
their verdict. 

§ 6. When jurors have agreed on their verdict, they pub- 
licly deliver it to the justice, who enters it in his docket. 
If the jurors do not all agree after having been out a reason- 
able time, the justice may discharge them ; and he shall then 
issue a new venire, returnable within forty-eight hours, 
unless the parties consent that the justice may render judg- 
ment on the evidence. Persons summoned as jurors may 
be fined in the same manner as witnesses, for not appearing, 
or for refusing to serve. 

§ 7. Any person owing another and wishing to avoid 
paying the cost of a suit at law, may confess judgment. This 
is done by going before the justice, and signing a writing, 
stating the amount of the debt due to the plaintiff, and his 
consent that the justice enter judgment accordingly. If the 
sum confessed to be due is more than $50, both the plaintiff 
and the defendant must be present, and make affidavit that 
the sum confessed is honestly due, and that the confession is 
not made to defraud any creditor. 

§ 8. When a plaintiff discontinues or withdraws his action ; 
or fails to appear within one hour after the time appointed 
for the suit to commence ; or if he does not appear on the 
coming in of a jury to hear the verdict ; or if he becomes 

§ 5. After hearing proof, &c, what is done with the jury ? What is for- 
bidden \ § 6. If jurors agree, what ? If they do not agree, what? § 7. 
How is a judgment confessed ? When a debt is over §50, what is required ? 
$ 8. In what cases is judgment rendered against a plaintiff? $ 9. What is 



92 G0\ EKN&ENT OJ NEW YORK. 

non-suited on the trial ; in either case the justice renders 
judgment of non-suit with costs against the plaintiff. And 
when a trial is had. and it is found by verdict, or by the 
decision of the justice, that the plaintiff has no cause of action 
against the defendant, judgment with costs is rendered against 
the plaintiff. 

§ 9. After a judgment has been rendered, it must be car- 
ried into effect ; that is, the debt or damage, with the costs, 
must be collected. This is done by a constable. The in- 
strument giving him authority, is called an execution., and 
issued by the justice. If the judgment does not exceed 
twenty-five dollars and costs of suit, the justice may issue 
an execution at the end of thirty days, if the judgment has 
not been paid; but if the debt alone, exclusive of costs, 
exceeds twenty-five dollars, the execution does not issue 
until after the expiration of ninety days. 

§10. The execution is directed to any constable of the 
county, and commands him to take and sell, the goods and 
chattels of the debtor, and to bring the money for the debt 
and costs, to the justice, within thirty days, in cases where 
the damages alone do not exceed twenty-five dollars ; but if 
the damages alone exceed twenty-five dollars, the money is 
to be brought within ninety days. If no property can bo 
found, the constable returns the execution to the justice, not 
satisfied. A justice of the peace cannot issue executions 
against real estate, but only against the personal property of 
debtors. 

§ 11. If a constable, through negligence, shall fail to col- 
lect a judgment as required by the execution, or shall fail 
to return the execution within the thirty or ninety days, he is 
liable himself to pay the amount of the judgment. And if 
he is not able to pay it, his surety is liable ; for every con- 
stable is required to give a bond, with surety for the faithful 
performance of his duties. 

§ 12. But there are certain articles of personal property 
which poor men have always been allowed to retain for the us/* 
and comfort of their families. By a law of 1842, necessar) 

an execution ? How long after rendering judgment is it issued ? $ 10 
What does an execution command ? If no personal property is to be found, 
what ? ^ 11. If a constable fails to do his duty, what must he do ? § 12. Whai 



OF THE COURTS. 93 

household furniture, tools, and a team, to the amount of 
6150, are exempt from execution, in addition to articles pre- 
viously exempt by law. 

§ 13. Prior to the year 1831, men who had not property 
wherewith to satisfy executions against them, might be taken 
by a constable, and committed to the county jail. But that 
unreasonable law was abolished in the year above men- 
tioned. In cases, however, where executions are issued to 
collect judgments against persons for injuries done to prop- 
erty, for fines, and the like, such persons may still be im- 
prisoned. . 

§ 14. Such is a description of the proceedings of a justice's 
court, in ordinary cases. But there are many things con- 
nected with the business of this court which must be learned 
from other books, and from observation. There are also 
other processes than a summons, which a justice issues for 
bringing persons to trial. One of these is a warrant, in 
which a constable is commanded, forthwith to bring the de- 
fendant before the justice. But this cannot be done inordi- 
nary cases of debt. 

§ 15. Another process issued by justices, is an attach- 
ment. This is issued when a debtor keeps himself con- 
cealed, or has departed, or is about to depart, from the county, 
with intent to defraud his creditors, or to avoid being prose- 
cuted ; or is about to remove from the county his property, 
to defraud his creditors, or has disposed of or secreted it, or 
is about to do so, with the like intent. A creditor making 
either of these facts appear to the satisfaction of a justice, 
the justice may issue an attachment, commanding a consta- 
ble to attach and keep the property of the defendant, in order 
to satisfy any judgment which may be obtained against 
him. 

§ 16. The constable serving an attachment, must leave a 
copy of it, with an inventory of the property attached, at 
the defendant's last place of residence ; or if he had none 
in the county, the copy and inventory must be left with the 
person in whose possession the property was found. 

is said of property being exempt from execution \ §13. What is said of 
imprisonment for debt 1 $ 14. What is the natare of a warrant \ $ 15. In 
what cases is an attachment issued ? How is it obtained ? § 16. How ia 



94 GOVERNMENT OF NEW YORK. 

§ 17. If the defendant does not appear on the day of trial, 
the plaintiff may proceed to prove his demand, and the 
justice enters judgment for the amount proved to be due, 
with costs. To satisfy a judgment so taken, the property 
attached may be sold on execution, as in other cases. 

§ 18. If either party is dissatisfied with a judgment ren- 
dered in a justice's court, he may have the cause removed 
to the court of common pleas of the county. In cases 
wherein the judgment is rendered for a debt not exceeding 
twenty-five dollars, the removal is made by writ of certiorari. 
When a cause is removed in this manner, the witnesses are 
not required to attend the trial in the higher court. The 
substance of the testimony and proceedings before the jus- 
tice, is produced before the court, and upon this the judges 
give judgment, as the right of the case may appear, If 
they decide the judgment of the lower court to be correct, 
they are said to affirm such judgment ; but if they find it 
wrong, they reverse it. 

§ 19. When the debt or damages on which judgment has 
been rendered, exceed twenty-five dollars, the removal must 
be made by appeal. In such case, the whole cause is re- 
moved ; the witnesses must again give their testimony ; and 
all the facts are submitted for a rehearing. If the issue 
joined before the justice was an issue of law, the cause, is 
decided by the judges ; if the issue was upon a question of 
fact, it is tried by a jury. 



CHAPTER XXIV. 



Courts of Common Fleas, and General Sessions of the Peace ; 
Circuit Courts, and Courts of Oyer and Terminer. 

§ 1. There is in each county a court of common pleas, con- 
sisting of a first judge and four associate judges ; all of 

it served ? % 17. If the defendant docs not appear at trial, what ? % 18~ To 
what court are causes removed from a justice's court ? By what process 
when the debt is not over $25 ? What is meant by affirming and reversing 
vi judgment? §19. By what process is a cause removed when the debt 
exceeds $25 ? State the difference between the two modes of trial, on 
certiorari and appeal. 

$ 1. Of how many judges does a court of common pleas consist ? How 



OF THE COURTS. 95 

whom are appointed by the governor and senate, for five 
years. Any three of them may hold a court. This court 
usually sits two or three times in a year, and holds about a 
week. 

§ 2. Suits in which more than 850 are claimed may be, 
and when more than $100 are claimed they must be, prose- 
cuted in a higher court than a justices' court ; and they may 
be commenced either in the supreme court, or in the court 
of common pleas. This court has power to grant new trials, 
and to try appeals from justices' courts. Removals of causes 
from this court are made to the supreme court. It has a jury 
to try issues of fact. 

§ 3. The court of general sessions of the peace is held by 
the judges who hold the court of common pleas, and at the 
same time. Any three of the judges of the county courts 
may hold this court ; and when a sufficient number of judges 
do not appear, then one or more justices of the peace are to 
be associated with the judge or judges attending; but there 
must be at least one judge present. 

§ 4. The difference between these two courts appears to 
be principally this : the court of common pleas tries civil 
causes only, whereas it is the business of the court of gen- 
eral sessions to try and punish all crimes and misdemeanors 
committed in the county, except such as are punishable with 
death or imprisonment for life. It also examines the case 
of persons imprisoned in the county jail, and in certain cases 
discharges them ; and does sundry other acts required by 
the laws of the state. 

§ 5. This court has two juries. Its jury to try and deter- 
mine facts is the same as that of the court of common pleas, 
and consists of the same persons. It has also a grand jury, 
by which it inquires of all crimes and misdemeanors com- 
mitted and triable in the county ; and tries such as it has 
power to try, and sends all indictments for offences which it 
has not power to try, to the next court of oyer and terminer 
and jail delivery, for trial. All courts having cognizance of 

ere they appointed ; and for what term ? How often and how long does 
it usually sit \ § 2. Sums of what r.mount may be prosecuted in thia court ? 
What powers ha.s it ? § 3. What judges constitute the court of general 
sessions of the peace ? When must justices sit in this court? $ 4. What 
is the difference between this court and the court of common pleas ? $ 5. 






96 GOVERNMENT OF NEW YORK. 

crimes have grand juries. The duties of grand jurors, as 
also the manner of obtaining both grand and petit juries, are 
described in a subsequent chapter. 

§ 6. Circuit Courts. Each of the eight senate districts into 
which the state is divided, constitutes a circuit, in which there 
is a judge, called circuit judge , who holds, in each of the 
counties composing his circuit, at least two terms in a year. 
Circuit judges are appointed by the governor and senate, and 
hold their offices during good behaviour, or until they attain 
the age of sixty years. 

§ 7. This court has power to try all causes that are triable 
in courts of common pleas. It also tries issues joined in the 
supreme court, and returns its proceedings to the supreme 
court. This court has a jury. 

§ 8. Courts of oyer and terminer and jail delivery are held 
in the several counties of a circuit, at the same time that the 
circuit courts are held, and are connected with these courts 
in the same manner as courts of general sessions are con- 
nected with courts of common pleas. A court of oyer and 
terminer is held by the circuit judge, associated with some 
of the. county judges. A judge of the supreme court has 
power to preside in this court, and to perform the duties of a 
circuit judge. 

§ 9. A court of oyer and terminer, like a court of gene- 
ral sessions of the peace, has two juries : a grand jury to in- 
quire of crimes committed in the county, and a jury to try 
the persons charged with crimes by the grand jury. This 
court has power to try all offences for which indictments are 
found by the grand jury of either court, including such as 
are punishable by death and imprisonment for life, which a 
court of general sessions cannot try. 

§ 10. The supreme court consists of a chief justice and two 
justices, any one or more of whom may hold a court. They 
are appointed in the same manner, and hold their offices for 
the same time as circuit judges. This court has jurisdiction 

What is the business of its juries \ % 6. How are circuit courts constituted ? 
When, and how often are they held \ How, and for what term, are circuit 
judges appointed ? § 7. What are the powers of a circuit court ? % 8. By 
whom is a court of oyer and terminer held ? When, and where 7 . $ 9 How 
many juries has it ? In what cases has it jurisdiction ? § 10. How is the 
supreme court constituted ? How, and for what term, are the judges aj> 
pointed ? What jurisdiction has it ? 



OF THE COURTS. 97 

of all actions, civil and criminal, and power to revise the pro- 
ceedings of every court of common law, except the court of 
errors. 



CHAPTER XXV. 



Court of Chancery ; Court for the Correction of Errors and 
Trial of Impeachments. 

§ 1. The court of cliancery is in its nature different from 
all other courts. It is sometimes called a court of equity ; 
because it is the object of this court to enable persons to 
obtain what is right and equitable, when they cannot obtain 
the same in courts of common law. But they cannot resort 
to this court for justice for any sum less than $100. 

§ 2. In other courts a man is not allowed to be a witness 
for himself; but in this, the parties may be put on oatn. 
In other courts, a person cannot be compelled to do what he 
has agreed to do ; he can only be made to pay damages for 
not fulfilling his contract ; but in a court of chancery a man 
mav, in certain cases, be compelled to fulfil the contract 
itself. 

§ 3. If a debtor has property held in trust for him by 
another ; or has money, notes, or other obligations or debts 
owing to him ; this court may compel him to discover and 
give up such property to satisfy an execution against him ; 
and it may prevent persons from paying him such debts. 
It has power also to restrain banks and other corporations, 
and individuals, from doing fraudulent acts ; to dissolve cor- 
porations, to stop proceedings at law, in certain cases ; and 
to do many other things of a like nature, by way of relief, 
when it could not otherwise be had. 

§ 4. But although these appear to be the objects for which 
this court was instituted, the powers and duties vested in 
and performed by the chancellor, are more numerous than 
those of any other judicial officer in the state. He has 

% 1. What is the nature of a court of chancery ? § 2. State the difference 
between this court and others. § 3. Mention some unusual judicial acta 
done by this court. % 4. What other powers has it ? § 5. In whom are its 
7 



93 GOVERNMENT OF NEW YORK. 

certain powers in relation to lands and estates of infants, 
idiots, lunatics, and habitual drunkards ; in suits against 
heirs ; to dissolve marriage contracts ; besides numerous 
other things which devolve upon no other judicial officer. 

§ 5. The powers of the court of chancery are vested in 
the chancellor, who is appointed by the governor and senate, 
and holds his office during good behavior, or till he attains 
the age of sixty years. This court has at least four stated 
tsrms in a year; two in Albany and two in New- York. 

§ 6. Each circuit judge is vice-chancellor in his circuit, 
and exercises in many cases the powers and duties of chan- 
cellor. In the first and eighth districts, a special vice-chan- 
cellor is appointed. The vice-chancellors cannot act upon 
appeals, nor review or rehear the proceedings of any lower 
court, except in a few cases. Appeals from the decisions 
and proceedings of the vice-chancellors must be made to 
the chancellor, before they can be carried to a higher court. 
The vice-chancellors have four stated terms ; and, if neces- 
sary, they may hold special terms. 

§ 7. In a court of chancery, suits are not commenced by 
the service of a process, as in other courts. The plaintiff 
prepares a bill of complaint, or petition, which is presented 
to a vice-chancellor, and filed with the clerk of the court, 
who issues a subpoena, commanding the defendant to appear 
before the court on a day named. The pleadings and 
proceedings of each party are served on the other, and filed 
with the clerk. If there are any witnesses, they are ex- 
amined. 

§8. There are numerous officers of this court. There 
are clerks of the chancellor's court, and of each of the vice- 
chancellors' courts, who are appointed by their respective 
courts ; and in every county there are several masters in 
chancery, and examiners in chancery, appointed by the gover- 
nor and senate, for three years ; a register, assistant register, 
and reporter, appointed by the court of chancery, to hold 
their offices during the pleasure of the court ; and two 
sergeants, one to reside in Albany, and the other in New- 
York. 

powers vested ? How and for what term is he appointed ? $ 6. Who are 
vice-chancellors? What powers have they? §7. How are suits com- 
menced in this court ? How do they proceed ? $ 8. Mention the officeri 



OF THE COURTS. 99 

§ 9. Solicitors in chancery are attorneys, who are licensed 
by the court to practise therein. They manage the pleadings, 
prepare questions for witnesses, and do every thing that is 
done in a cause where the party does not appear in person. 
Proceedings are had before an examiner, who transmits them, 
with the testimony, to the vice-chancellor for his decision. 
Masters in chancery perform certain duties by order of, and 
as assistants to, the chancellor ; as stating accounts, esti- 
mating damages, selling land, taking affidavits, &c. 

§ 10. Court for the trial of impeachments and the correction 
of errors. This court is composed of the president of the 
senate, the senators, the chancellor, and the justices of the 
supreme court, a majority of whom may act. The duties 
of this courj in correcting; errors, and its duties in trying 
impeachments, are very different. 

§ 11. As a court for the correction of errors, it is the highest 
judicial court in the state ; having power to correct and 
redress all errors in the court of chancery and supreme 
court. Thus the errors of a justice's court may be carried 
up through several courts, to the court of errors. Whether 
this court affirms or reverses the proceedings that come to 
it from the court of chancery or the supreme court, its judg- 
ment in the case is remitted to the court from which the 
alleged error was brought, to be carried into effect. 

§ 12. When this court decides upon an appeal from a 
decree of the chancellor, he is not allowed to give his vote ; 
nor have the justices of the supreme court a voice in affirming 
or reversing a judgment from that court ; but both the chan- 
cellor and judges may give reasons for their judgment in 
their respective courts. 

§13. Trial of impeachment. An impeachment is a charge 
against a public officer, for corrupt conduct in office. If 
some person should offer a member of the legislature a sum 
of money or some other advantage, to induce him to vote 
for or against a proposed law, and such member should so 
vote ; this would be corrupt conduct, for which he might be 

of this court. How, and for what term, is each appointed ? § 9. Who are 
8ilicitors in chancery ? What is their business ? % 10. Of whom is the 
court for the trial of impeachments and the correction of errors composed ? 
$11. What powers or jurisdiction h;»s it as court of errors? $ 12. In what 
i may not the chancellor and judges vote V $ 13. What is an impeach 






100 GOVERNMENT OF NEW YORK. 

impeached. And so any officer who, from bad motives, 
should do a wrong act in discharging the duties of his office, 
or should commit a crime, would be impeachable. By the 
constitution, the power to impeach is given to the assembly. 
(Cons. Art. 5, § 2.) 

§ 14. The, mode of commencing a trial of this kind, as 
prescribed by law, is as follows : The assembly makes the 
charge, and delivers it to the president of the senate, who 
causes the court to be summoned. The accused is then 
brought before the court to answer the charge, and is entitled 
to counsel to assist him. (Cons. Art. 7, § 7.) When the 
issue is joined, the court appoints a time and place for trial. 
Before the trial commences, the clerk administers to the 
president of the senate, and the president to the other 
members, an oath truly to try and determine the charge, 
according to evidence. 

§ 15. The trial is conducted as trials are in courts ol 
justice. If two thirds of the members present concur in a 
conviction, the accused is convicted ; if not, he is acquitted. 
To convict is to prove and determine a person guilty of an 
offence. If the person is convicted,, the court may remove 
him from office, or disqualify him from holding any office 
thereafter, in this state, or both remove and disqualify him ; 
but no other judgment can be pronounced by this court. 
But if the act committed by the offender is a crime, he may 
also be indicted, tried, and punished in a court of common 
law, as any other person. 



CHAPTER XXVI. 
UenercU Provisions concerning Courts of Record. 

§ 1 , All courts higher than courts held by justices of the 
peace, are called courts of record. The clerk of each county 
is clerk of the court of common pleas and general sessions 

merit ? State a case. Who have power to impeach ? $ 14. How is the 
trial of an impeachment commenced? $ 15. How is it conducted! How 
many must agree to convict ? What is the punishment ? 

$ 1 What courts are courts of record \ ' How are clerks of courts ap- 



OF THE COURTS. 101 

of the peace, and of the circuit courts and court of oyer and 
terminer held in his county. Other courts appoint their own 
clerks. 

§ 2. It is the duty of the sheriff of every county, to serve 
all processes issued by any court of record, which are to be 
served in his county, either- by himself or his deputies. He 
cannot go out of the county to serve a civil process. If, 
therefore, a plaintiff lives in one county and the defendant in 
another, the process must be sent to the sheriff of the county 
in which the defendant resides, to be served on him. The 
process most used in commencing civil suits in courts of re- 
cord, is called a declaration, because it declares the nature 
of the debt for which the suit is brought. It answers nearly 
to a summons in a justice's court. 

§ 3. The sheriff also serves subpoenas for witnesses, and 
all executions issued by these courts for collecting the money 
on judgments against debtors residing in the county. He is 
required also to attend all the courts which may at any tinfe 
be sitting in his county ; and, with the assistance of a num- 
ber of constables, previously summoned by him for the pur- 
pose, to keep peace and order, in court time, and to execute 
all orders of the court. 

§ 4. Juries. Every county court, circuit court, and court 
of oyer and terminer, has a jury for the trial of issues of 
fact. An issue of fact is a case in which the fact is to be 
determined from evidence, whether one party is indebted to 
another or not ; or the fact whether the person charged with 
crime is guilty or not guilty. It is called issue of fact to 
distinguish it from an issue of law, in which the question to 
be decided is, what is the law in the case, which is done by 
the court instead of the jury. This jury is usually called 
a petit jury, as distinguished from a grand jury. 

§ 5. Juries in courts of record, are composed of a greater 
number of men than juries in justices' courts, and they are 
obtained in a different manner. Petit jurors are obtained 
thus : The supervisor, town clerk, and assessors of each town 
in the county, meet once in three years, on the first Monday 

pointed ? $ 2. By whom are processes issued by these courts served ? 
What if a defendant resides in another county ? What is a declaration ? 
$ 3. What other duties does he perform ? $ 4. What courts have a jury ? 
What is an issue of fact ? What is this jury called ? $ 5. How is a list of 



102 GOVERNMENT OF ifEW YORK. 

in July, for the purpose of making a list of the names of 
suitable persons to serve as jurors, to be selected from the 
names on the assessment roll of the town. The persons whose 
names are taken, must be twenty-one and under sixty years of 
age ; be assessed for personal property of their own, to the 
amount of $250, or have a freehold estate in real property, in 
their own right or in the right of their wives, to the value $150 ; 
and be of fair character, sound judgment, and well informed. 

§ 6. The list of the names so selected, in each town, is 
signed by the officers, or a majority of them, and within ten 
days is sent to the county clerk, and a copy of the list is 
filed with the town clerk. The county clerk writes the 
names on separate pieces of paper, and deposites them in a 
box kept for that purpose. Fourteen days before the holding 
of a court, the clerk, in presence of the sheriff and a county 
judge, draws from the box the names of thirty-six persons, to 
serve as jurors, and such additional number as may have 
tfeen ordered. 

§7. A list of the names drawn is handed to the sheriff, 
who must, at least six days before the sitting of the court, 
summon the persons named in the list, to attend such court. 
Any person summoned as a juror, who neglects to attend, may 
be fined by the court, not exceding twenty-five dollars. Of 
the whole number summoned, twelve sit on every trial ; and 
all must agree in their verdict. They are in charge of the 
sheriff, as jurors In justices' courts are in charge of a 
constable. 

§ 8. Grand juries. It is one of the excellencies of our 
government, that the liberty and lives, as well as the proper- 
ty, of the people, are protected by a constitutional provision, 
securing to every person the right to be tried by a jury of 
his equals. (Cons. N. Y. art. 7, § 1, 2 ; Cons. U. S. amend. 
art. 6.) As the liberties and lives of men are more valua- 
ble than their property, they should be most safely guarded. 
Hence the constitution (Art. 7, § 7,) declares, that no person 
shall be put upon trial, without the previous judgment of a 
grand jury that he ought to be tried; and every court which 
has jurisdiction in cases of crime, has a grand jury. 

the names of petit jurors obtained ? What are their qualifications ? $ 6. 
What is done with the list ? How and when are the jurors drawn ? $ 7. 
Who summons the jurors ? How many sit on a trial \ $ 8. Where is pro- 



OF THE COURTS. 103 

§ 9. Grand jurors are thus obtained : The board of super- 
visors of the county, prepare a list of the names of three 
hundred men, to serve as grand jurors at the courts of oyer 
and terminer and general sessions, and deliver it to the county 
clerk. The list is disposed of, the names are drawn, and 
the jurors summoned, as in the case of petit jurors. The 
names of twenty-four men are drawn, but not more than 
twenty-three, nor less than sixteen, may be sworn on a grand 
jury. 

§ 10. On the opening of the court, the jurors are sworn 
by a judge, to make a true presentment of all things given 
them in charge. The judge then gives them a charge, and 
appoints one of their number as foreman; and the jurors 
retire to a private apartment to attend to their duties. 

§ 11. The jurors hear all complaints brought before them, 
against persons for crimes and breaches of the peace ; and 
examine witnesses who appear to testify ; and when it is re- 
quested, they have the assistance and advice of the district 
attorney. If they think the person complained of ought to 
be tried, they draw up a writing, in which they charge the 
person with the offence of which they think he is guilty. 
This is called an indictment. It is signed by the foreman, 
endorsed, " a true bill," and carried by the jury into court. 
At least twelve jurors must agree, or there is no indictment. 
If the person has not before been arrested, he may now be 
arrested, to be put upon trial. (See arrest and examination 
of offenders.) 

§ 12. As all crimes are considered as committed against 
the peace and order of the community, the offender is com- 
plained of and tried in the name and in behalf of the peo- 
ple, who are the prosecuting party. The prosecution is man- 
aged by the district attorney, whose appointment and general 
duties have been mentioned. 

vision made for grand juries ? § 9. How are grand jurors obtained ? What 
number constitutes a jury ? § 10. What is said of swearing them, charging 
them, &c. ? §11. What is their business ? What is an indictment ? § 12. 
In whose name are offenders prosecuted ? 



104 GOVERNMENT OF NEW YORK. 

CHAPTER XXVIL 

Time of commencing Actions. 

§ 1. There are times fixed by law, within which action* 
must be commenced, or they cannot be maintained. If a 
man has a right or title to real estate, he must bring his ac- 
tion within twenty years. If neither he, nor his ancestor, 
predecessor or grantor has had possession of the premises 
within twenty years before the suit is commenced, he cannot 
recover the estate. 

§ 2. Actions brought for debts of most kinds, for trespass, 
for injury to goods and chattels, for libels, and for certain 
other injuries to the persons or rights of individuals, must 
be commenced within six years. If the demand is an open 
or running account, the action may be commenced within 
six years from the date of the last item of the account ot 
either party. 

§ 3. Actions for assault and battery, and for false impri- 
sonment, must be brought within four years. And actions 
for words spoken slandering another, must be brought within 
two years. 

§ 4. Persons under age, or insane, or imprisoned on a 
charge of crime, or in execution under sentence of a crimi- 
nal court, or married women, are not deemed capable ot 
commencing suits, until their disability be removed. And 
they may commence suits within the time prescribed by law, 
after they shall have become capable. 

§ 5. If a person entitled to bring an action, dies before the 
expiration of the time limited for commencing suits, his ex- 
ecutors or administrators must bring the action within one 
year after his death. If a person departs from and resides 
out of the state, the time of his absence is not to be deemed 
or taken as any part of the time limited for the commence- 
ment of the action. 

§ 6 . Actions for collecting fines or penalties, must be brought 

§ 1. Within what time must actions relating to real estate be commenced 1 
$ 2. In what cases within six years ? § 3. What within four years ? Two 
years? $ 4. In what cases is the time extended ? § 5. WHat is the time 
in certain cases of death ? § 6. What for collecting fines and penalties 1 



OF THE COURTS. 105 

within two years after the offence has been committed. If 
the penalty or forfeiture goes wholly or partly to the person 
prosecuting for the same, the action must commence within 
one year after the offence has been committed. If no pri- 
vate citizen brings the action within that time, the attorney- 
general of the state or the district attorney of the county, 
may, within two years after that year, commence the action 
in behalf of the people of the state. Actions to recover for- 
feitures to the party aggrieved, must commence within three 
years after the offence has been commited. 

§ 7. If any action is commenced within the times men- 
tioned, and if the defendant dies after such suit is brought, and 
before judgment is obtained against him, the plaintiff may 
commence a new suit against the heirs, executors, or admin- 
istrators of the defendant, within one year after his death. 
And if an action commenced abates by reason of the death 
of a plaintiff, his executors or administrators may commence 
a new suit within one year after his death. 

§ 8. There are sundry other provisions relating to the 
commencement of suits, and some exceptions to the law stated, 
for a knowledge of which reference must be had to the 
statutes of the state. 

§ 9. A judgment rendered in any court within the United 
States, and remaining unpaid for twenty years, cannot, after 
that time be collected, unless there has been a part payment, 
or a written acknowledgement of indebtedness, within that 
time. And a right of action on a sealed instrument will 
expire at the end of twenty years, unless a part payment, or 
a written acknowledgement of indebtedness, be proved to 
have been made within that time. 

§ 7. What is to be done when persons die after an action has been com- 
menced I % 9. What is provided respecting judgments and sealed instru- 
ments ? 



106 GOVERNMENT OF NEW YORK. 

CHAPTER XXVIII. 

Of Rights. — The Right of Property; Title to Real Estate. 

§ 1. In the foregoing chapters we have given a general 
description of the government of the state of New -York, and 
have seen how its important affairs are conducted ; how the 
several departments, legislative, executive, and judicial are 
organized ; and what are the powers and duties of the 
different classes of officers in these departments. We have 
seen in all this, how well our government is adapted to 
secure to the people the free exercise and enjoyment ol 
their rights. 

§ 2. But it is not enough to know how the laws are made 
and administered : it behooves every citizen to know what 
the laws are by which he is governed. Every member of 
the community has rights ; and he ought to know what they 
are, and how they are protected. He has also certain duties 
to perform, which he ought to understand. I shall therefore 
proceed to give an abstract of those laws which define the 
rights, and prescribe the duties of our citizens, in their social 
and domestic relations. 

§ 3. The rights of citizens are either rights of person or 
rights of property. By the rights of person, or personal 
rights, we mean the right to be free to think, speak, and act 
as we please, and the right to be secure from injury to our 
bodies or persons, and our good names. The right of property 
is the right to acquire, hold, and enjoy property. All laws 
may therefore be considered as being intended to secure 
either the one or the other of these classes of rights. 

§ 4. The rights of citizens are secured by laws. These 
laws are, first, statute laws, the laws enacted by the law- 
making power of the state, called also the written law, being 
always written or printed ; and secondly, the common law, 
which consists of rules that have become binding by long 
usage and established custom. The common law of this 

% 1. What has been treated of in the former chapters ? % 2. Ought we 
to understand our rights and duties ? Why \ % 3. What are rights of person ? 
Rights of property ? $ 4. By what laws are our rights secured ? Defin© 



0* THE LAWS. 107 

country is the same as that of England, having been introduced 
and established here while the people were subject to that 
country ; and it is still considered the law in all cases where 
no law has been made to the contrary. 

§ 5. Every citizen of the United States may hold lands 
within this state, and take the same by descent, devise, or 
purchase. To take land by descent, is to obtain it by inher- 
itance. When a person dying, makes no previous disposal 
of his property, it falls, or descends, by right, to his children 
or other relatives : hence they are said to become heirs to 
the property by descent. 

§ 6. But a person may direct his property to be given, 
after his death, to whomsoever he pleases. This is called 
devising property, or bequeathing it ; and the person receiving 
the property is said to have acquired it by devise. And if 
a person pays for property an equivalent in money or some 
other property, he would have it by purchase. 

§ 7. But though every citizen of the United States may 
hold real estate, and convey it to others, the like privilege 
is not enjoyed by all aliens. By the common law, aliens 
cannot hold and convey real property. In this state, however, 
a law has been enacted, by which an alien may make a de- 
position or oath, in writing, before any officer who is authorized 
to take proof of deeds, that he resides and intends to reside 
in the United States, and to become a citizen as soon as he 
can be naturalized ; and when this deposition, certified by 
such officer, shall have been filed and recorded by the 
secretary of state, such alien may take and hold real estate, 
as any citizen of this state, to himself and his heirs forever. 

§ 8. It is provided, also, that the alien may, for six years, 
sell, assign, and devise such estate, and no longer , until he 
becomes naturalized. But he cannot in any case lease or 
demise his real estate, before he is naturalized. If he shall 
die at any time within the six years, without making a will, 
his heirs take by descent, and hold the property as if he had 
been a citizen. 

§ 9. Title to real property by descent. The laws of this 

them. § 5. In what different ways may titles to lands be acquired ? How 
is ifus title acquired by descent ? § 6. How by devise ? By purchase ? § 7. 
Cw* ill aliens hold and convey real estate ? How may "they acquire tho 
ngitf to take and hold it * What right has he to convey it ? $ 9. Who ar* 



108 



GOVERNMENT OF NEW YORK. 



state prescribe the order in which the property of intestates 
descends to their heirs. A testament, or will, is a written 
instrument, in which a person declares his will concerning 
the disposal of his property, after his death. The person 
making a will is called testator : hence, a person dying 
without making a will or testament, is called an intestate. 

§10. The property of an intestate descends, first, to his 
lineal descendants, that is, persons descending in a direct 
line, as from parents to children, and from children to grand 
children. The lineal descendant most nearly related to 
ithe intestate, however distant the relation may be, takes the 
property. 

§ 11. If any children of an intestate are dead, and any 
are living, the inheritance descends to the children living, 
and to the descendants of the children dead ; so that each 
child living shall receive such share as he would receive if 
all were living, and the children of those who are dead such 
share as the parents would receive if living. To make this 
plain : suppose an intestate to have had three sons, one of 
whom is dead, but has left children. In this case, each ot 
the sons living would share one third of the property, and the 
children of the other son would have the remaining third. 

§ 12. If an intestate dies without lawful descendants, and 
leaves a father, the inheritance goes to the father. If, 
however, the inheritance came to the intestate on the part 
of the mother, it does not go to the father while the mother 
is living ; and after her death he holds it only during his 
life, and then it goes to the brothers and sisters of the in- 
testate and their descendants, if he has any ; but if not, it 
descends to the father in fee ; that is, it becomes his in his 
own right, and may descend to his heirs. 

§ 13. If the intestate has neither descendants nor father, 
or has not a father who is entitled to take the inheritance, 
but leaves a mother, the inheritance goes to the mother 
during her life, and after her death to the brothers and sisters 
of the intestate and their descendants, if he has any ; but 
if not, it descends to the mother in fee. 



intestates % Define testament or will. Who is a testator ? § 10. To whom 
first does property descend ? <§> 11. How, when any children of an intestate 
are dead ? i 12. How when he has no lawful descendants \ % 13. Whe 



OF THE LAWS. 109 

§ 14. In case there is neither father nor mother, or none 
that can lawfully inherit the estate, it descends to the 
living brothers and sisters of the intestate, and the descen- 
dants of those that are dead. If he has neither father nor 
mother, nor brothers and sisters or their descendants, the 
estate, if it came to him on the part of his father, goes to his 
father's brothers and sisters and their descendants, if any ; 
but if not, then to the mother's brothers and sisters and their 
descendants. 

§ 15. If the intestate has neither father nor mother, nor 
brothers and sisters, or their descendants, and the estate came 
to him on the part of the mother, it descends first to the 
mother's brothers and sisters and their descendants ; but if 
the inheritance came not on the part of either father or 
mother of the intestate, it descends equally to the brothers 
and sisters of both his father and mother. 



CHAPTER XXIX. 

Of the Proof and Recording of Deeds and Mortgages. 

§ 1. Every person capable of holding real preperty, may 
also dispose of and convey his right or interest in such pro- 
perty to another person. To convey here means to transfer, 
or pass over to others, the right or ownership of property, so 
that they shall have the same interest in it as the person con- 
veying it had before he conveyed it. Hence, the writing by 
which a right is thus transferred, is called a conveyance ; but 
more frequently the instrument by which a title to land is con- 
veyed, is called deed, 

§ 2. A purchaser of land could not securely hold it with- 
out a deed ; because a person's deed is the only lawful evi- 
dence of his being the true owner. If a person should buy 

he has neither descendants nor father ? % 14. When he has neither descen- 
dants, nor father nor mother ? § 15. How when there are neither brothers 
nor sisters or their descendants ? 

$ 1. Who may convey real estate ? What is it to convey ? What is an 
instrument of conveyance called ? § 2. What Is the use of a deed ? $ 3. 



110 



GOVERNMENT OF NEW YORK. 



a farm without taking a deed of the seller, the seller might 
dispose of it to a second purchaser ; and if he should give 
him a deed, such second purchaser, having a deed to show 
that he had bought the farm, might dispossess the first pur- 
chaser. 

§ 3. Whenever, therefore, any real estate is to pass from 
one to another, the seller gives the buyer a deed. The deed 
states the names of the parties, the sum paiJ, the place where the 
land is situated, its boundaries, and the number of acres it con- 
tains. And as evidence of the sale, the seller affixes his name 
and seal to the instrument. This is generally done in the pres- 
ence of one or more persons, who subscribe their names as 
witnesses ; so that in case of dispute, the purchaser may 
know by whom to prove that the deed was executed by the 
person whose name it bears. 

§ 4. But when a deed has been thus executed, the pur- 
chaser is not yet safe, unless he has had it recorded in the 
office of the clerk of the county in which the land lies. If 
it should be conveyed by the seller to a second purchaser, 
who should get his deed recorded first, such purchaser would 
hold the land. 

§ 5. Before a conveyance is recorded, the person executing 
it must acknowledge, before a proper officer, that he executed 
the conveyance ; and the officer must certify in writing on 
the back or margin of the instrument, that the person did so 
acknowledge. All judges of courts, and justices of the 
peace, may take acknowledgments. In some of the larger 
cities there are other persons specially appointed, called com- 
missioners of deeds, who also may take acknowledgments. 
Every deed duly acknowledged and delivered to the county 
clerk to be recorded, is, with the acknowledgment, copied at 
length, word for word, in a book provided for that purpose. 

§ 6. Lands are also conveyed by mortgage. A mortgage 
is a writing which conveys to another person a right to prop- 
erty as security for the payment of a debt, and is to have no 
force or effect when the debt is paid. A mortgage conveys 
land in the same manner as a deed ; but a condition is added, 



What does a deed contain ? How is it executed? % 4. What must then 
be done with the deed ? Why ? § 5. What is required before a conveyance 
is recorded? How is it proved or acknowledged ? $6. Describe the na- 



OF THE LAWS. Ill 

stating, that if the debt for which the land is pledged shall 
be paid by a certain day, the instrument sliall no longer have 
effect. 

§ 7. When land is sold, and any part of the purchase 
money is to be paid at a future day, the seller usually con- 
veys the land by deed to the purchaser ; and the purchaser 
executes a mortgage to the seller, pledging the land as secu- 
rity for the payment of the money remaining unpaid. A 
mortgage also contains a condition, that if the money shall 
not be paid according to the agreement, the mortgagee, or 
person holding the mortgage, may sell the land to raise the 
money due ; but if he sells it for more than that amount, 
the overplus must be paid to the mortgager. 

§ 8. A wife must join with her husband in conveying land, 
by signing the deed with him ; otherwise, if the husband 
should die, his widow would have a right to one third part 
of the estate during her life. This portion of a widow, thus 
retained, is called dower. It is common, therefore, for the 
wife also to sign the deed ; and she must also acknowledge, 
before the officer taking the acknowledgment,and apart from 
her husband, that she signed the deed freely and without com- 
pulsion of her husband. 

§ §. When the debt secured by a mortgage on real estate 
has been paid, the mortgage is discharged thus : The person 
holding the mortgage, certifies in writing that the debt has 
been paid, and the certificate is acknowledged or proved, as 
conveyances are in order to be recorded, and presented to 
the clerk, who records such certificate and the proof or ac- 
knowledgment thereof. The mortgage is then discharged. 

ture of a mortgage ? § 7. In what cases are mortgages given by a purchaser 
of land 1 What condition does it contain 1 §8. Why must a wife sign a 
conveyance with her husband ? What is this right of a widow called ? How 
and what must she acknowledge ? § 9. When and how is a mortgage can- 
celled or discharged ? 



112 GOVERNMENT OF NEW YORK. 

CHAPTER XXX. 

Of Leases ; and ihe Rights of Landlord and Tenant. 

§ 1. To lease means to let, but generally to let real es- 
tate t6 another for rent or reward. The word demise is often 
used instead of lease. The landlord, or person leasing the 
estate, is called lessor ; and the tenant, or person to whom 
the land is leased, is called lessee. 

§ 2. A lease of real estate, or a contract for leasing, for a 
longer term than one year, in order to be valid or binding, 
must be in writing. Leases for a term longer than three 
years, must be proved and recorded as deeds and mortgages ; 
and if for life, they mus^ be sealed. These provisions do 
not extend to leases for years, or for life or lives, in the 
counties of Albany, Ulster, Sullivan, Herkimer, Dutchess, 
Columbia, Delaware and Schenectady. 

§ 3. If a tenant keeps possession of premises beyond the 
term for which he hired them, or after he has lost his right 
to hold them, he is called a tenant at will, or by sufferance, 
because the continuance of his possession depends upon the 
will or pleasure of the landlord. If such tenant does not 
quit the premises after having had one month's due notice, 
the landlord may take and hold possession, provided he can 
do so without force or violence ; or he may bring an action 
of ejectment for the recovery of possession ; or he may pro- 
ceed lawfully to remove the tenant. 

§ 4. If a tenant shall give notice of his intention to quit, 
and shall not quit at the time specified in such notice, he 
will be liable to pay double rent for the time he shall there- 
after continue in possession. 

§ 5. When rent is due to a landlord, he is not obliged to 
sue for it as for ordinary debts ; he has a right to seize of 
the goods and chattels on the premises, in possession of the 

§ 1. Define the words leape, demise, lessor, and lessee. $ 2. What 
leases must be in writing ? What leases recorded 1 Sealed ? What coun- 
ties excepted ? $ 9. What is a tenant at will ? What notice to the ten- 
ant entitles the landlord to the premises ? § 4. In what case is a tenant 
liable for double rent ? $ 5. How may a landlord obtain his rent without 



OF THE LAWS. IV) 

tenant, and sell them for the rent due. This is called dis- 
training, or distress. 

§ 6. The law declares what property may, and what may 
not, be taken for rent. All goods and personal chattels may 
be distrained, except such as the law exempts from execu- 
tion. Things annexed to the freehold for the purpose of 
trade or manufacture, and not fixed into the wall of the 
building so as to be necessary to its support ; and grain, 
grass, or roots, whether growing or gathered, and remaining 
on the land, are liable to distress for rent. 

§ 7. But property deposited with, or hired or lent to a 
tenant, with the consent of the landlord, cannot be distrained ; 
nor the property of boarders ; nor the property of others 
which accidentally strays on the premises, or is deposited 
with a tavern-keeper, or the keeper of a warehouse, in the 
usual course of business, or deposited with any person to be 
repaired or manufactured. Beasts of the plough, sheep, and 
miplements of a man's trade, cannot be taken if they are in 
actual use at the time, and so long as other property can be 
found. 

§ 8. The goods and chattels of a tenant may be distrained 
after they have been removed from the premises. If rent is 
due at the time of the removal of the goods, or shall become 
due within thirty days thereafter, the goods must be taken 
within the thirty days after their removal. But if no rent 
is due or shall become due within that time, the goods may 
be seized at any time within thirty days after the rent shall 
become due, if the seizure shall be made within six months 
after the removal. 

§ 9. For removing, or assisting in removing goods from 
leased premises to avoid the payment of rent, or for con- 
cealing property so removed, the person so doing shall forfeit 
to the landlord double the value of the goods removed or 
concealed. 

§ 10. If a tenant or lessee holds over after the expiration 
of his term, without permission of the landlord ; or where 

suing for it? S> 6. What property may bo distrained for rent I § 7. What 
property may net be taken ? § 8. Can goods be distrained after tjiey have. 
been removed from the premises ? In what case must it be done within 
thirty days after removal ? When may it be done within six months ? 
§ 9. "For fraudulently removing property, what is forfeited' §10. la 
8. 



214 



GOVERNMENT OF NEW YORK. 



he holds over without such permission, after rent is due and 
remains unpaid, and the rent cannot be obtained by distress 
of goods, the tenant may be removed by a judge of the 
county courts, or by any mayor or recorder of a city. 

§11. If a tenant deserts the premises without leaving on 
them any goods to satisfy arrears of rent, a justice of the 
peace has power to put a landlord into possession of the 
premises. 

§ 12. If goods liable to distress for rent, are levied upon 
by execution, the landlord holds a right in them to the 
amount of one year's rent due ; and if the goods are sold by 
virtue of the execution, such year's rent must first be paid 
out of the money received for the goods sold. 

§ 13. A tenant is held to pay the rent for the leased 
premises, even though they have been destroyed, or though 
he has been by any other misfortune deprived of the use 
or enjoyment of them. 

§ 14. Distress for rent must be made by a sheriff, or a 
deputy, or by a constable or marshal of the town or city in 
which the goods are, who shall conduct the proceedings 
throughout. If a landlord has sued for rent due, and ob- 
tained a judgment, he has no right to distrain for the same. 

§ 15. If a half year's rent or more is in arrear, and no 
sufficient distress can be found on the premises to satisfy the 
rent due, if the landlord has a right by law to re-enter, he 
may bring an action of ejectment, to recover possession of 
the premises. But at any time- within six months after pos- 
session has been taken by the landlord, the tenant shall be 
again entitled to the same, by paying the costs of the action 
and the rent due. 

what case may a tenant be removed by a judge or other officer? Wl. 
When may a justice give a landlord possession ? § 12. What is a 
landlord's right when goods are taken by execution? $ 13. What in case 
the premises are destroyed ? § 14. By what officers must distress be msUe? 
<> 15. When a half year's rent or more is in arrear, and no distress can 6a 
found, what right has each party ? 



OF THE LAWS. 115 

CHAPTER XXXI. 
Of Wills and Testaments, 

§ 1. Real estate may be given and bequeathed by a last 
Will and Testament, by all persons of sound mind, and of 
the age of twenty-one years, except married women ; and 
personal estate may be so bequeathed by every male person 
over eighteen years, and by every unmarried female over 
sixteen years. 

§ 2. A will must be subscribed by at least two attending 
witnesses, in whose presence the testator must subscribe the 
will, or acknowledge that he subscribed it, and declare it to 
be his last wi,ll and testament. The places of residence of 
the witnesses must also be written opposite to their names ; 
and any person who shall sign the testator's name by his 
direction, must write his own name, as witness to the will. 
A will thus made is valid, unless revoked or altered by a 
later will or writing, executed' in the same manner ; and the 
will of an unmarried woman is revoked by her subsequent 
marriage. 

§3. If a testator, after making his will, has a child born 
for which no provision is made, nor which is in any way 
mentioned in the will, the child is entitled to such portion of 
the estate as it would receive if the father had died intestate. 

§ 4. After the death of a testator who has bequeathed 
Teal estate, any executor, or any person interested in the es- 
tate, may have the will proved, which is to be done before 
the surrogate. (See Chap. 20.) An executor is a person 
named in the will of a testator, or otherwise appointed, to see 
the will carried into effect. The person intending to apply 
for the proof of a will, must first give notice of his intention 
to the heirs ; and if any of the heirs are minors, notice must 
be given to their guardian ; and if they have no guardian 
the surrogate must appoint one. If it shall appear to the 
surrogate, upon the proof taken, that the will was duly exe- 

§ 1. Who may give and bequeath real estate ? And who personal estate ? 
% %. How is a will made ? How may it be altered or revoked ? What is 
revoke X % 3. What right has an after-born child ? % 4. Who may have a 
will proved \ What is an executor ? What must be done in order to get 



116 



GOVERNMENT OF NEW YORK. 



cuted, he records the will and the proofs and examinations 
taken in a book. 

§ 5. When a will of personal estate is to be proved, the 
widow and next of kin must be cited to attend the probate. 
And when applied to by any person interested, the surrogate 
issues a citation to the person having custody of the will, 
requiring him to produce it at the appointed time, to be proved. 
The person refusing so to do, may be committed to jail 
until he shall produce it. 

§ 6. At the expiration of thirty days after a will of per- 
sonal estate has been proved, the surrogate issues letters 
testamentary, to the persons named therein as executors, if 
within that time no person interested in the estate has filed 
objections with the surrogate, against granting such letters. 
Letters testamentary give to executors the right and authority 
to act. Letters of administration give like authority to 
persons whom the surrogate appoints, in case no will has 
been made ; which persons are called administrators instead 
of executors. 

§ 7. If all the persons named in a will as executors refuse, 
or are not by law qualified to serve, letters testamentary 
shall issue, and administration with the will annexed shall 
be granted, to some of the legatees. A legatee is a person 
to whom property is bequeathed by will. If there is no 
legatee, or none who will serve, the letters are granted to 
the relatives of the deceased, in the same order and manner 
as letters of administration in cases of persons dying intestate. 

§ 8. If a person dies intestate, the fact of his so dying 
must be proved, to the satisfaction of the surrogate, who 
grants letters of administration to the relatives of the deceased 
who are entitled to succeed to his personal estate, in the 
following order : First, to the widow ; second, to the children ; 
third, to the father : fourth, to the brothers ; fifth to the 
sisters ; sixth, to the grand children ; seventh, to any other 
next of kin entitled to any share of the estate. 

§ 9. Disposal of the property. It is the duty of executors 

a will proved ? <> 5. What in case of a will of personal estate ? After 
&*oot of such will, what does the surrogate do \ What are letters testamen- 
tary ? Letters of administration \ %1. What if the executors named in a 
will refuse to»serve 1 What is a legatee ? What if there is no legatee to 
aorvfe ? $ 8. What if a person dies intestate ? In what order are letters oi 



OF THE LAWS. 117 

and administrators, with the aid of two appraisers appointed 
by the surrogate, to take an inventory of all the goods, 
chattels, notes, bonds, and other securities and property other 
than real estate ; and the appraisers estimate and appraise 
such property. 

§ 10. If the deceased leaves a widow and minor children, 
certain articles of household utefisils, books belonging to 
the family library to the amount of fifty dollars, clothing, 
and sundry other necessary articles, are to 'emain in pos- 
session of the widow while she continues to live with and 
provide for the children. Such articles are to be included 
In the inventory, but not to be appraised. 

§11. When a widow ceases to provide for the children, 
she may retain as her own, her wearing apparel , her ornaments, 
and one bed and bedding ; and the other articles exempted 
shall belong to the children. If there is a widow, but no 
children, the articles exempted belong to the widow. 

§ 12. If the debts against the d •% and the legacies 

bequeathed by him, cannot be paid without a sale of his 
personal property, the executors or administrators may sell 
so much of it as may be necessary to pay the debts and 
legacies. If they discover, after filing the inventory, that 
the personal estate is not sufficient to pay the debts, they may, 
at any time within three years after the granting of their 
letters, apply to the surrogate for authority to mortgage, 
lease, or sell so much of the real estate of the deceased as 
shall be necessary to pay his debts. 

§13. All money received from the sale of real estate, 
must be paid to the surrogate, who first pays the expenses of 
sale, and next satisfies the widow's claim of dower, by 
setting a part one-third of the money, and securing to her 
the annual interest during her life ; unless she shall consent 
to take a certain sum in lieu of her dower. If the remainder 
is not sufficient to pa) r all the debts of the deceased ; it is 
divided by the surrogate among the creditors, in proportion 

administration granted to his relatives ? § 9. By whom is the inventory of 
the personal property made? $ 10. In what case are certain articles not 
appraised \ What articles ? §11. When the widow ceases to provide for 
the children, what ? If there is a widow and no children, what \ § 12. In 
what case must personal property be sold ? If personal property is insuf- 
ficient to pay debts, what \ § 13. How is money received from the sale of 



118 



GOVERNMENT OF NEW YORK. 



to their respective debts ; but if the proceeds of the sale are 
more than, sufficient to pay all debts and expenses, the over- 
plus is distributed among the heirs and devisees,in proportion 
to the right of each in the premises sold. 

§ 14. Public administrators are persons who take charge 
of the effects of persons dying intestate, and leaving no widow 
or relative who is entitled or competent to take letters of ad- 
ministration. The county treasurer of every county is such 
administrator in his county, and has authority to collect and 
take charge of the assets of every such intestate, when they 
amount to one hundred dollars or more. In the city of New- 
York, a public administrator is appointed by the common 
council. 



CHAPTER XXXII. 



Of the Domestic Relations. — Of Marriage, and the Relation 
of Husband and Wife ; Parent and Child ; Guardian and 

Ward. 



§ 1. The marriage relation is a most important one. By 
improper marriages many persons are rendered unhappy for 
life ; and sometimes the peace of whole families is destroyed. 
Some law, therefore, is necessary to prevent such marriages, 
as far as possible, by declaring what kinds of marriages may, 
and what kinds may not be contracted. 

§ 2. To make a marriage contract binding, several things 
are necessary : (1.) Persons must have sufficient understand- 
ing to transact the common business of life : hence lunatics 
and idiots cannot bind themselves in marriage. 

§ 3. (2.) The parties must not be nearly related to each 
other. Marriage between parents and children, including 
grand parents and grand children of every degree, and be- 
tween brothers and sisters, of the half as well as whole blood, 
are not binding. Persons thus related to each other, and co- 
habiting together as husband and wife, whether married or 

real estate distributed ? § 14. Who are public administrators ? 
$ 2. Can persons of unsound minds lawfully many ? § 3. What new 



OF THE LAWS. 119 

not, are deemed guilty of incest, which is a crime punishable 
by imprisonment in a state prison. 

§ 4. (3.) Persons must be of sufficient age. There is no . 
law enacted in this state fixing the age at which parties may 
contract marriage. In such case the common law must gov- 
ern, which allows males to contract marriage at the age of 
fourteen years, and females at the age of twelve. But though 
marriages are considered lawful at these ages, it must not be 
supposed that they ought to be contracted by persons so young. 
They are merely allowed, because, when they are once 
formed, though unwisely, the evil of separating the parties 
may be greater than it would be to suffer them to be united . 

§ 5. (4.) Persons must act freely. If the consent of either 
party has been obtained by force or by fraud, the marriage 
may be declared void. 

§ 6. (5.) A person having a wife or husband living, can- 
not lawfully contract a second marriage, except when the 
former wife or husband has been sentenced to imprisonment 
for life ; or has been absent for five years together, and the 
party remarrying not knowing that the absent party was liv- 
ing within that time ; or when the former marriage has been 
lawfully annulled or dissolved. But if a marriage has been 
dissolved for the cause of adultery, the guilty party may not 
re-marry. 

§ 7. Marriages forbidden by the preceding provisions are 
void, and may be so declared by the chancellor, who has 
power also to decree divorces, or dissolve or annul marriage 
contracts, in certain other cases. And he may also decree 
separations or divorces, for a limited time or forever, when a 
husband cruelly treats his wife, or so conducts towards her 
as to render it unsafe for her to cohabit. w r ith him, or aban- 
dons her, or refuses to provide for her. 

§ 8. Marriage may be solemnized, that is, the marriage 
ceremony may be administered, by ministers of the gospel, 
judges of county courts, and justices of the peace; and by 

relatives may not marry each other? What is incest ? §4. What is the 
age of consent, or in other words at what age may persons lawfully many ? 
$ 5. What is said of a forced or fraudulent marriage ? $ 6. In what cases 
may a person marry a second time while the former wife or husband is liv- 
ing \ $ 7. Who declares forbidden marriages void ? In what cases does 
he decree separations or divorces \ % 8. Are marriages lawful unless sol- 



120 GOVERNMENT OF NEW YORK. 

mayors, recorders, and aldermen of cities. But a simple 
consent of the parties, declared before witnesses, renders a 
marriage lawful. 

§ 9. By marriage the husband and wife become, in law, 
one person. The husband acquires a right to the property 
of the wife which she had before marriage. Fie has aright 
to the use of her property in lands, or real estate, during his 
life time, and is entitled to the rents and profits thereof ; but 
he cannot dispose of the property unless she joins with him in 
the deed. But her chattels real, which are leases of land 
for years, and all her other personal estate, including debts 
due her by bond, note, or otherwise, when collected by him, 
become his ; and he may dispose of them as he pleases. 

§ 10. As the husband acquires, by marriage, an interest in 
his wife's property, so he is obliged to pay her debts contract- 
od before marriage : but if they are not recovered of the hus- 
band during the time he is united to her in marriage, he is 
no longer answerable for her debts. 

§11. It is the duty of the husband to maintain his wife ; 
and he is bound to pay debts which she may contract for ne- 
cessaries, but for nothing more. And it seems to be the law, 
that even if he forbids all persons to trust her, she can bind 
him for necessaries, if they have become separate through fault 
on his part. If they part by consent, and he secures to her 
a separate maintenance, and pays it according to agreement, 
he is not answerable even for necessaries. 

§ 12. The husband and wife cannot be witnesses for or 
against each other in a court of justice; but any declarations 
which a wife makes when acting as the agent of her hus- 
band, may be taken as evidence against him. 

§ 13. Parent and child. It is the natural and reasonable 
duty of parents to maintain and educate their children until 
they become of suitable age to provide for themselves. The 
age at which the obligations of parents, as guardians of their 
children, end, is twenty-one years, which is called the age ol 
majority, when persons are said to be of age. Hence, under 

emnized by ministers or magistrates ? % 9. What right to a wife's real es- 
tate does a husband acquire by marriage ? What right to her personal es- 
tate ? % 10. How far is he liable for her debts ? § 11. Hovv far is he bound 
by her contracts ? § 1*2, Can they be witnesses for or against each other? 
$"13. When do cliildrea become of ago \ § 14. Can children dispose of 



OF THE LAWS. 121 

twenty -one they are in law called infants, or minors, and 
are said to be in a state of minority. 

§ 14. As parents are bound to support their minor children, 
they have a right to their labor; and they may recover tha 
money far the wages of their children, from any person em- 
ploying them without their parents' consent. A parent is 
not bound to pay even for necessaries sold to a child, unless 
a child had authority from the parent, or unless the parent 
neglected to provide for the child, or forced him from home 
by severe usage. And when a child is obliged to support 
himself, he is entitled to his own earnings. 

§ 15. A second husband is not bound to support the chil- 
dren of his wife by a former husband. If, however, he re- 
ceives such children into his family, he is liable to support 
them as his own. 

§ 16. If a father dies before the child is of age, and does 
not. by will, appoint a guardian, the mother becomes the guar- 
dian of the child, and in some cases of his property also, until he 
arrives at the age of fourteen years, when he may choose a 
guardian for himself. When an infant becomes possessed of 
an estate in lands, if there is no father, the mother has the 
guardianship of the estate ; and if there is neither father 
nor motrier, then the nearest and eldest relative takes tlie 
guardianship of such estate. 

§ 17. Guardian and Ward. The father is the natural 
guardian of a child, and after his death, the mother. But a 
father may, by his deed, or last will, dispose of the custody 
and tuition of a minor child, while under twenty-one years, 
to another person, who then has the care and management 
of the minor's personal estate, and of the profits of his real 
estate, during the time for which the disposal was made. 
Such person is then guardian, and the child is called ward. 

§ 18. If the father does not by a deed or by will ap- 
point a guardian for a minor child, the child may, if fourteen 
years of age, apply to the surrogate for the appointment of 

their own labor 1 How far is a parent liable for his children's contracts ? 
$ 15. How far a second husband for his wife's children \ § 16. If a father 
dies who is guardian of the children \ When there is neither father nor 
mother, who becomes guardian of children's real estate \ % 17. How may 
a father dispose of the custody of a minor child \ Who is then called ward! 
$ 18. If the father does not so appoint a guardian, what ? 



122 



GOVERNMENT OF NEW YORK. 



a guardian ; and if the child is under fourteen years, any 
relative or other person may so apply for a guardian, until 
the minor shall arrive at the age of fourteen, and until 
another shall be appointed. A guardian must give a bond 
with surety, that he will faithfully discharge the duties ot 
guardian, and render a true account of all the property and 
money received and disposed of by him. 



CHAPTER XXXIII. 
Minors; Masters, Apprentices, and Servants. 

§ 1. Minors. The statutes of New-York do not declare 
how far minors may bind themselves by contract or agree- 
ment. In such case, the common law must determine. In 
general, a minor is not bound by a bargain which he may 
make ; but if he agrees, after becoming of age, to fulfil a 
contract which he made while a minor, he must do so. 
And if he has no father or other guardian, he is bound to 
pay for articles actually necessary for him. But the 
person who trusts him must make inquiry ; and if the minor 
has been properly supplied by his friends, the person trusting 
him cannot recover ; nor can he in any case recover more 
than the actual value of the goods sold to the minor. 

§ 2. But minors are responsible for the payment of fines; 
and they may be prosecuted and tried for acts of fraud and 
crime. It is not easy, however, to determine, from the 
practice of courts of law, in what particular cases a minor 
is or is not accountable for fraudulent acts. His age, and 
the circumstances in which he was placed, might be such 
as to free him from obligation ; but an act. of gross and 
palpable fraud, committed by an infant who has arrived at 
the age of discretion, would bind him to a contract. 

§ 3. Masters, apprentices, and servants. By the laws ot 
New- York, male infants, and* unmarried females under 
eighteen years, may, of their own free will, bind themselves, 

§ 1. Are minors bound by their bargains? In no case? §2. Are they 
liable for fines ? How in case of fraud and. crime ? § 3. For what time 
*nay minors bind themselves as apprentices and servants ? By whose con- 



OF TTIE LAWS. 123 

in writing, to serve as apprentices or servants, in any trade 
or employment ; males, until the age of twenty-one, and 
females, until the age of eighteen, or for a shorter time. 
A minor thus binding himself must have consent of the father; 
or if the father is dead, or disqualified by law, or neglects 
to provide for his family, then consent must be had of the 
mother ; or if the mother is dead or disqualified, then of the 
guardian ; or if there is no guardian, then of the overseers 
of the poor, or two justices of the peace, or a judge of the 
county court. 

§ 4. Children that have become chargeable to the town 
or county for their support, may be so bound out by the 
overseers of the poor, or by the county superintendents of 
the poor; and executors who have been directed by the last 
will of a father to bring up a child to some trade or calling, 
may bind the child to such service. And the law properly 
requires, that the person to whom a child is bound by the 
superintendents or overseers of the poor, shall agree to cause 
the child to be taught to read and write, and if a male, to be 
instructed in the gefferal rules of arithmetic, and at the end 
of the service, to give such apprentice a new bible. 

§ 5. Apprentices who wilfully absent themselves from 
service without leave of their master/ may be compelled 
to serve double the time of absence, unless they pay for the 
injury sustained by such absence ; and for ill behavior, or 
refusal to work, they may be tried by any two justices of 
the peace of the county, and imprisoned ; or the justices mar 
discharge the offender from his service, and the master from 
his obligation. 

§ 6. A master may correct his apprentice with modera- 
tion, for misbehavior. He is liable to pay for necessaries 
for his apprentice, and for medical attendance ; but he is 
not so liable in the ca.se of hired servants. 

§ 7. There is, in this state, no statute law defining the 
rights and obligations of hired servants and the persons 
employing them. Both are obliged to fulfil their agree- 
ment. If a hired servant leaves the service of his employer, 

sent ? § 4. By whom are pauper children bound ? In what ease do execu 
tors bind out children ? § 5. To what is an apprentice liable if he leaves 
his master ? To what for ill behavior ? § 6. What power has the master? 
For what is he liable ? $ 7. What if a hired servant does not serve out his 



124 GOVERNMENT OF NEW YORK. 

without good cause, before he has worked out the time for 
which he was hired, he cannot recover his wages. And for 
immoral conduct, wilful disobedience, or habitual neglect, 
he may be dismissed. On the other hand, ill usage, or any 
failure on the part of the employer to fuliil his engagement, 
releases the laborer from his service. 

§ 8. How far a master is answerable for the acts of his 
hired servant, is not clear. As a general rule, however, 
the master is bound by contracts made, and liable for 
injuries done, by a servant actually engaged in the business 
of his master, whether the injury proceeds from negligence 
or from want of skill. But for an injury done by a wilful 
act of the servant, it is considered that the master is not 
liable. 

§ 9. If the servant employs another to do his business, 
the master is liable for the injury done by the person so 
employed. But a servant is accountable to his master for 
a breach of trust, or for negligence in business, or for in- 
juring another person in his master's business. 



CHAPTER XXXIV. 

Of Fraudulent Conveyances ; and of Contracts in General 

§ 1. Property is sometimes fraudulently conveyed from 
one person to another. Debtors often put their property into 
the hands of others, to be kept from being taken to pay those 
whom they owe. With the same intent, property is fre- 
quently assigned to others, by way of mortgage, with the 
false pretence that the assignment is made for the security of 
a debt, when no such debt is honestly due ; and when the 
property mortgaged is to remain in possesion of the person 
conveying it, with the understanding that the mortgagee is 
never to take it. 

§ 2. To prevent such fraudulent conveyances and sales 

term ? For what cause may he be dismissed \ For what may he leave \ 
$ 8. In what cases are masters liable for acts of servants ? § 9. If a ser- 
vant employs another, what ? For what is a servant accountable ? 
% 1. How is property sometimes fraudulently conveyed \ $2. What 



OF THE LAWS. 125 

of property, the law declares, that all deeds of gift, and all 
transfers of goods and chattels, made by any person to se- 
cure them for his future use, shall be void, and shall not pre- 
vent them from being taken and sold to pay his debts. And 
to protect creditors against losses, the law also prescribes the 
manner in which sales and conveyances of property must 
be made, to be considered honestly done. 

§ 3. Now as a sale or an assignment is more likely to be 
fraudulent when the property remains with the seller or as- 
signor, than when the assignee takes it into his own posses- 
sion, it has long been a settled principle of law, that if pro- 
perty assigned or sold continues with the person pledging or 
selling it, the transaction is to be deemed fraudulent, and tlif 
property may be taken by creditors. 

§ 4. This principle of the common law has been in some 
measure changed, in this state. Our law establishes the same 
general principle, but provides, that if the person to whom a 
sale or an assignment is made, can make it appear that it 
has been done in good faith, and without any intent to hin- 
der, delay or defraud creditors, he may hold the property, 
although it remains with the seller or assignor. 

§ 5. But although this law affords security to the man who 
honestly takes an assignment of property for the security of 
a debt, yet the mortgager, having it still in his possession, 
might fraudulently sell it to a second purchaser, who would 
afterwards be compelled to give it up, and so suffer loss. To 
prevent this, the law requires, that any person to whom per- 
sonal property is pledged, shall deliver the mortgage to the 
town clerk, to be filed and kept in his office ; or where there 
is a county clerk's office in the town, the mortgage must be 
filed in such office ; that any person wishing to know whether, 
such property is under mortgage or not, may ascertain the 
fact at such office. And it is farther required, that the as- 
signment be under seal, and renewed at the end of one year 
from its date, and from the date of each renewal. 

§ 6. A contract for leasing land for a longer period than 
one year, or for the sale of land, or of any interest in land, 

general provision of law has been made to prevent this ? $ 3. If property 
remains with the seller, what is to be supposed? § 4. What does the law 
of this state provide in such cases ? § 5. How is a second purchaser in 
danger of loss I What law has been made to prevent this ! § 6, How aro 



126 



GOVERNMENT OF NEW YORK. 



is declared to be void, unless the contract, or some note or 
memorandum thereof, expressing the consideration, be in 
writing, and subscribed by the party making the lease or 
sale, or by his lawfully authorized agent. By consideration 
is here meant the price, or any thing that is the cause or 
reason for which a person enters into an agreement. Thus 
the money paid or to be paid for a farm, is the consideration 
for which the seller grants it to the purchaser. 

§ 7. In this state, an agreement which is not to be per- 
formed within a year from the time it is made ; and a special 
promise to pay the debt or answer for the default of another 
person, must be in writing. And a contract for the sale of 
any goods, chattels, or things in action, for the price of fifty 
dollars or more, is void, without such writing, unless the 
buyer accepts and receives a part of the goods or of the evi- 
dences of them ; or unless the buyer at the time pays some 
part of the purchase money. 

§ 8. Much that relates to the nature of contracts is to be 
learned from the common law. As has been said, there 
must be some valuable consideration upon which a promise 
to do a thing is made ; and there must be a mutual promise 
of both parties, to make a bargain binding ; but the conside- 
ration may be something else than money or property ; it is 
sufficient if it is any thing that is either a benefit to the party 
promising, or some loss or trouble to the party to whom the 
promise is made. 

§ 9. A says to B, if you will deliver to me twenty bushels 
of wheat to-morrow, I will pay you twenty dollars for it. 
Now if B brings the wheat, A is not obliged to take it and 
pay the price offered, because B did not on his part promise 
to deliver it. But if B had so promised, A. would be bound 
to fulfill, because B has fulfilled on his part. The consid- 
eration in the case is the promise of each ; and the party 
that fails to fulfill, is liable to the other for the damage sus- 
tained. 

§ 10. If you buy a horse to-day to be delivered to you 

contracts for leasing land made binding ? What is consideration in a con- 
tract ? § 7. What other contracts must be in writing to be binding \ How 
may an unwritten contract for fifty dollars be made binding ? $ 8. Wha 
consideration other than money makes a contract valid ? § 9. Give an ex- 
ample. % 10. Which party runs the risk of accident to property? $11 



OF THE LAWS. 127 

to-morrow, and the horse should die before delivery, the loss 
is yours. The risk of accident to property is, in such cases, 
with the buyer. A buyer becomes the owner of property as 
soon as the contract is completed ; but he is not entitled to 
take it into his possession till he pays or tenders the price, 
unless he has bought on a credit. 

§ 11. An agreement to do what is impossible to be done, 
or what is unlawful ; or an agreement that is made under 
some threat or fear, is not binding. Idiots are not bound by 
their contracts ; nor are lunatics bound by any agreement 
made while they are insane. 

§ 12. A person cannot give to another a title to what he 
does not himself own. A man buying a stolen horse cannot 
hold him, but must give him up to the owner. The thief, having 
no lawful title to the horse, could give no title. And if the 
horse should be sold ever so often, the owner has a right to 
take him wherever he finds him, by proving him to be his ; 
and each purchaser must look for redress to the person who 
sold him the property. 

§ 13. Frauds are often committed in selling articles that 
are faulty or unsound. It is the general rule of law, that 
if the seller does not expressly warrant an article, or if there 
is no fraud on his part, the buyer must abide the loss if the 
article proves defective. But if the seller conceals the de- 
fect knowing it to exist, he is liable to make good the damage. 

§ 14. There is much written in the books concerning con- 
tracts ; but it is not easy to find a law to apply to every con- 
tract that may be made. A large portion of the lawsuits 
are caused by the failure of persons to fulfill their engage- 
ments. If all would practise and encourage honest dealing, 
and endeavor to be faithful in discharging their obligations, 
there would be little need of studying the law of contracts ; 
and much money spent in lawsuits, and many unkind feelings 
between man and man, would be prevented. 

What agreements are never binding ? § 12. Can a man give a title to what 
is not lawfully his own ? State a case ? § 13. What is the law about war- 
ranting property ? § 14. What is said about the law of contracts 1 



- 



128 



GOVERNMENT OF NEW YORK. 



CHAPTER XXXV. 



Of Principal and Factor, or Agent; and of Lien. 



§ 1 . A principal is one who employs another, as agent, to 
transact his business. A factor is an agent ; but the word 
factor is generally understood to mean a commercial agent ; 
that is, one who is employed by merchants residing in a 
distant place, to buy and sell, and transact business for them. 
Thus, country merchants send their wheat, pork, pot-ashes, 
and other country produce, and millers send their flour, to 
their agents in the city of New- York, to be disposed of. 
The owners of the property are called principals ; theii 
agents are factors, or, as they are perhaps more frequently 
called, commission merchants. As receivers of property 
consigned to them, they are also called consignees, and the 
persons who consign or commit to them their property, are 
consignors. 

§ 2. For the accommodation of the principal, the factor 
sometimes pays him a part of the value of the produce 
before it is sold. This is called advancing money. But 
factors would seldom advance money without security. 
They have, therefore, by law, a claim on the property on 
which they advance the money ; and they can hold it till 
they shall have been paid their charges against the owner. 
And as a factor does not always know who is the actual 
owner, the person in whose name the goods are shipped, is 
to be considered the owner. 

§ 3. This claim which a factor has upon goods intrusted 
to him for sale, is called lien ; and the factor may sell the 
goods, and retain out of the proceeds of the sale, what is due 
him ; and the remainder he must pay to the principal, or 
owner. 

§ 4. But a person cannot sell or pledge property commit- 
ted to him for transportation or storage only ; nor can a 
factor pledge goods intrusted to him for sale, as security for 

$ 1. Define principal and factor. Who are consignees? Consignors? 
$ 2. What is advancing money ? How is a factor secured ? § 3 What is 
this claim of a factor called \ §4. In what cases cannot a factor sell or 



OF THE LAWS. 120 

his own debts. A factor who disposes of any merchandise 
intrusted or consigned to him, and applies the avails to his 
own use, with intent to defraud the owner, may be punished 
by fine and imprisonment. 

§ 5. How far, in ordinary business, a principal is bound 
by the acts of an agent, it is not easy to determine. As a 
general rule, however, a general agent, that feu one who 
transacts either all kinds of business for his employer, or 
business relating to some particular department, binds his 
employer or principal, by his acts, so long as he keeps 
within the general scope of his authority, even though he 
were expressly instructed not to do a particular act. 

§6. But if an agent is employed for a special purpose, 
the principal is not bound by the act of the agent, if he 
passes the limits of his power. If I employ a man to go out 
and purchase a horse for me, without giving him authority 
to do any thing else, and if he buys a horse and a wagon, 
I am not bound to pay for the wagon, because the agent had 
power only to buy the horse. 

§ 1. If an agent buys in his own name, he is himself 
liable ; and although he does not disclose the name of the 
principal, the principal also is bound, if the goods come to 
his use, but not otherwise. 

§ H. A lien, as has been stated, is the claim of a factor or 
agent, upon property in his possession, as security for the 
payment of his charges. This right of lien extends to others 
than tactors. It is intended also for the benefit of manufac- 
turers and mechanics, and other persons carrying on business 
for the accommodation of the public. 

§ 9. A merchant has a lien upon goods sold till the price 
is paid, if no credit has been Stipulated for ; and even when 
he agrees to give a credit, if the purchaser practises fraud 
in obtaining the goods, the seller may take them. These 
cases differ, however, from ordinary cases of lien, as the 
purchaser has not, in reality, acquired any lawful right to 
the property ; and the merchant may dispose of the property 
as his own, which cannot be done in other cases. 

pledge property ? For what, and how, is he punishable ? § 5. In wha 
cases, generally, is a principal bound by the acts of his agent ? § 6. How is 
it in case of a special agency ? § 7. How if an agent buys in his own 
name \ § 8. Haye others than factors the right of lien ? % 9. What is here 
9 



130 



GOVERNMENT OF NEW YORK. 



§ 10. A shoemaker receiving leather to manufacture into 
shoes, may retain the shoes until he is paid for the making ; 
a tailor has a lien upon the garment made from another's 
cloth ; a blacksmith upon the horse he shoes ; an innkeeper 
upon the horse or goods of his guest ; and common carriers 
upon the goods they transport. But they cannot hold 
property for any other debt; nor have they a right to sell 
such property to satisfy their claim upon it. Whenever a 
person allows property to go out of his possession, he loses 
his lien. 



CHAPTER XXXVI. 



Of Partnership ; and of Bailment, or the Delivering, Bor- 
rowings Carrying, Letting, fyc,, of Property. 

§ 1. As much of the business of this country is done in 
partnership, it is necessary to learn what are the rights and 
responsibilities of partners. A partnerslup is the association 
of two or more persons for the purpose of carrying on any 
business, agreeing to divide the profits and bear the loss, in 
certain proportions. Persons forming a partnership, unite 
their money or capital. Sometimes one furnishes money, 
and another does the labor. Or, perhaps no money may be 
necessary, but each agrees to perform his share of the labor. 

§ 2. All the members of a partnership are bound by the 
act of any one of them, or by any contract which either of 
them may make. Although they agree to divide their gains 
and losses, either one of them is liable for all the debts of 
the partnership. If one of the concern buys property on his 
own account, for his individual use and benefit, he alone is 
liable ; but though he thus buys it, if it be afterwards ap- 
plied to the use of the partnership, all become liable. 

§ 3. There are cases, however, when not all who share 
in the profits are responsible ; as when a clerk or agent 

said of a merchant's right of Hen \ § 10. What is said of a mechanic's or 
manufacturer's lien ? Of an innkeeper's ? 

$ 1. What is a partnership ? § 2. How far are partners jointly liable 1 
§ 3. In what cases mentioned are not ail liable who share in profits ? $ 4, 



OF THE LAWS. 131 

agrees to receive a part of the profits as a compensation for 
his service or labor ; or when one receives, as rent, a part 
of the profits of a tannery, tavern or farm. In these cases, 
although the parties share in the profits, there is no part, 
nership ; and the persons who buy the stock and other ma. 
terials, and hire the labor necessary to carry on their re- 
spective trades, are alone responsible. 

§ 4. One partner cannot bring a new partner into the 
firm, without the consent of all the others: If, therefore, a 
partner should desire- to sell his interest to some other per- 
son, who is to take his place in the partnership, he cannot do 
so, unless ail the partners consent to such sale. 

§ 5. All the partners must unite in suing and being sued. 
Sometimes, however, there are secret or dormant partners, 
who conceal their names ; these may not join in an action 
as plaintiffs, but they may be sued when discovered to be 
partners. 

§ 6. As each partner is liable for all the debts of the con- 
cern, so each may, in the name of the firm, in ordinary 
cases, assign over the effects and credits to pay the debts of 
the firm. 

§ 7. Any partner may withdraw when he pleases, and 
dissolve the partnership, if no definite period has been agreed 
on for the partnership to continue ; but if, by the terms of 
agreement, it is to continue for a definite period, it cannot 
be dissolved before the expiration of the term, without the 
mutual consent of all the partners, except by the death or 
some other inability of one of them ; or by a decree of the 
court of chancery. When a partnership is dissolved by the 
withdrawal of any of the partners, notice of dissolution 
ought to be given, or such partners will be liable for debts 
contracted by those who continue the business. 

§ 8. By a law of this state, a partnership may be formed 
by a number of persons, some of whom are to be responsi- 
ble only to a limited amount, and their names are not to be 
used in the firm. But before a partnership of this kind can 
do business, a writing and certificate signed by the parties, 

In what cases only can a partner sell his interest to a person not a partner T 
$ 5. Must all the partners join in suing and being sued ? § 6. What power 
has an individual partner to assign ? § 7. In what case can any partner 
withdraw, and dissolve the partnership \ § 8. What peculiar kind of part- 



132 GOVERNMENT OF NEW YORK. 

stating the terms of partnership and the amount for which 
the special partners, (as they are called) are to be responsi 
ble, must be registered in the county clerks office ; and the 
terms of partnership must also be published in a newspaper, 
for six weeks. 

§ 9. In partnerships thus formed, called limited partner* 
ships, the special partners become liable only to the amount 
mentioned in the terms of partnership. The other partners, 
called general partner SjWhcst: names only are used, and who 
transact the business, are liable for all the debts contracted, 
as in ordinary partnerships. If such partnership is to be 
dissolved by act of the parties, be for 3 the time expires for 
which it was formed, notice of dissolution must be filed and 
recorded in the county clerk's office, and published in a 
county newspaper for four weeks prior to the dissolution. 

§ 10. Another class of rights and responsibilities are those 
which arise from delivering and receiving property in trust, 
to be kept or used, and re-delivered, according to agreement. 
Such delivery and receiving includes giving and taking 
goods to be kept for ar. d without reward ; in security for 
debt ; borrowing and lending ; letting for hire ; carrying, 
&c. These are comprehended in the word bailment, which 
is from bail,a. French word, signifying to deliver. 

§11. If a person takes goods to keep and to return them 
without reward, he muse keep them with ordinary care, or 
if they receive injury, he will be liable to the bailor for 
damage ; in other words, a bailee without reward is respon- 
sible only for gross neglect. The person with whom goods 
are deposited, is also called in law, depositary, A deposita- 
ry may not use the goods taken into his care. 

§ 12. A person who agrees to carry goods from place to 
place, or to do some c : or work upon or about them, 

without recompense, must use due diligence in performing 
the work; he is responsible for gross neglect, if he under- 
takes and does the work amiss ; but it is thought that for 
agreeing to do, and not undertaking or doing at all, he is 

nership may be formed in this state '( How is it formed ? § 8, 9. Which 
are the special and which the general partners ? if such partnership is dis 
solved by act of parties, what is necessary? § 10. The doing of what 
things is comprehended in the word bailment 1 § 11. For what is a man 
responsible u he takes goods to keep without reward \ § 12. If he agrees 



OF THE LAWS. 133 

not liable for damage. Or if he has been strongly persuaded 
to do the act, only a fair exertion of his ability is required. 

§ 13. A borrower is liable for damage, in case of slight 
neglect. If he applies the article borrowed to the use for 
which he borrows it, uses it carefully, does not allow another 
to use it, and returns it within the time for which it was 
borrowed, he is not liable. 

§ 14. A person who r goods in s?curity for a debt 

or engagement, is liable for ordinary neglect. But if he 
bestows ordinary care upon tb they should then 

be lost, he still has a claim upon the pawnor for the debt. 

§ 15. When property is hire I, that is, when something is 
to be paid for the use of an article, and it is injured by 
moderate usage, the owner bears the loss ; but the hirer must 
not use it for any purpose but that for which it was hired, 
and he must return it promptly, or he is liable for damage. 

§ 16. If an article is delivered, upon which work is to be 
bestowed, the work must te. A manufac- 

turer who receives your wool to make into cloth, or the tailoi 
who takes cloth to make into a garment, must do the work 
well, or he is liable for damage. If the property should be 
lost or stolen, he is responsible for ordinary neglect. 

§ 17. Innkeepers are, in general, responsible for all injuries 
to the goods and baggage of their guests, even for thefts. 
But for losses caused by unavoidable accident, or robbery, 
they are not liable. 

§ 18. A common carrier, that is, one who carries goods 
for hire, as a common employment, is responsible to the 
owner even if robbed of the goods. But a person who 
occasionally carries goods h-: hire is not a common carrier, 
and is answerable only for ordinary, neglect, unless he ex- 
pressly takes the risk. A common carrier is one who holds 
himself out as ready to carry gooes as a business, by land 
or by water, and is answerable for all tosses, except in cases 
of public enemies, as in time of war, and in case of the act 
of God, as by lightning, storms, Hoods &c. Public carriers 

to carry them without reward? § 13. How is a borrower made liable? 
§ 14. For what is a pawnee liable ! § 15. In what case is a hirer liable I 
§ 16. State the liability of one who takes an article to do work upon ? 
§ 17. Of* innkeepers? § 18. For what are common carriers answerable? 
Who are common carriers ? 



134 GOVERNMENT OF NEW YORK. 

are responsible for the baggage of their passengers, thougb 
they advertise it as being at the risk of the owners. 



CHAPTER XXXVII. 
Of Promissory Notes ; Bilh of Exchange ; Interest. 

§ 1 . A promissory note is a writing by which a person 
promises to another a certain sum of money, for some value 
received by the promisor. The following is a form : 

" Auburn, July 1, 1843. 

" Three months after date, I promise to pay to John Jones, 
" twenty dollars, for value received. 

. Samuel Smith. " 

§ 2. Notes may be bought and sold as other property. 
But a note drawn in the form here given would not so pass : 
or, as men say, it is not negotiable, because it is payable to 
John Jones only. The holder may sell it, but the buyer, if 
obliged to collect it by law, must sue it in the name and by 
authority of Jones ; and if Smith has a demand against 
Jones, he may offset it against the note. 

§ 3. Hence it is not safe to buy a note so written. Had 
the words, or bearer, been inserted after "John Jones," the 
form would be that of a common negotiable note, which 
would be payable to any person holding it. 

§ 4. Another way of making notes negotiable, though 
less practised, is to insert the words, or order, in the place 
of" or bearer ;" but in this case, the promisee must indorse 
it by writing his name on the back of it. Such indorsement 
is in law considered as his order to the maker to pay it to 
another person ; and then it may pass. 

§ 5. It is usual to insert the words value received, as evi- 
dence that the note was given for some valuable considera- 
tion ; for it will be recollected that contracts are not valid 
without some consideration. But these words are not 

$ 1. What is a promissoiy note ? State its form. § 2. When is a note 
called negotiable % How is a note sued when not negotiable ? § 3. How 
must it be drawn to be negotiable ? § 4. What is the effect of the words, 
or order, instead of or bearer I § 5. Are the words value received i 



OF THE LAWS. 135 

necessary to make the note good ; for if the maker of the 
note can prove that no value was received, he can avoid the 
payment, even if these words are in the note. 

§ 6. A note, after it has become due, is not negotiable as 
before due. It may be transferred, but the promisor may 
otfsett demands which he had against the promisee, the origi- 
nal holder, before he parted with it. 

§ 7. Notes are sometimes made payable on demand. They 
are due immediately; and payment need not be demanded 
and refused before the holder can sue. So also, if no time of 
payment is mentioned in a note, it is due when given, and no 
demand of payment is necessary. But a note payable at 
sight, or at a specified time after sight, must be presented 
for payment before it can be sued. 

§ S. After a note has become due, the maker is allowed three 
days to pay, which are called days of grace. But if no time of 
payment is mentioned in the note, or if it is payable on de- 
mand, no grace is given. To bind the indorser of a note pay- 
able to order (see § 4,) payment must be demanded of the 
maker on the last day of grace, and refused, and the indorsee 
notified the same day by the holder, or by a person sent for 
that purpose, that the note is not paid. If the parties do not 
reside in the same town, notice may be sent by the first mail 
after the last day of grace. 

§ 9. Sometimesthe seller of a note warrants it. I fin his in- 
dorsement he guaranties "the payment of the note," he is lia- 
ble the same as an original promisor. If he warrants it " good," 
or " collectable," the holder must show that it could not be col- 
lected of the maker when due, or the guarantor is not liable. 

§ 10. Sometimes notes, so called, are made payable in 
grain, lumber, or some other property instead of money. 
But these are not considered in law as notes, and are not 
negotiable, though written payable to bearer. Such obliga- 
tions,' however, are often sold and transferred ; but if sued, 
it must be done in the name of the payee, in which case the 
promisor may offsett demands, if he has any, against the 

tial *? § 6. Is a note negotiable after it has become due 1 § 7. What effect 
have the words, on demand % What it'no time of payment is mentioned 1 
§ S. What are days of grace 1 § 9. How is an indorser of a note made 
*»*d held responsible 1 How and when must he be notified of non-pity- 
m«nt 1 § 10. What is here said of obligations for property 1 How sued, etc. \ 



136 GOVERNMENT OF NEW YORK. 

payee. If such obligations are not paid when they become 
due, they are then payable in money. 

§11. A hill of 'exchange is an order drawn by one person 
on another, requesting him to pay money to a third person. 
The following is a form : 

"Utica, August 1, 1843. 

" Ten days after sight, pay James Johnson or order, five 
w hundred dollars, value received. Peter Price. 

" To Thomas Thompson, 

Merchant, New- York." 

§ 12. It will be seen that this is, in effect, the same as an 
order used in common business. But when drawn by mer- 
chants in commercial cities on persons in distant places, 
orders of this kind are called bills of exchange. They are 
often very convenient to persons in mercantile business. 

§ 13. The nature and operation of a bill of exchange are 
thus illustrated : A in New- York has $500 due him from 
B in Cincinnati. A draws an order on B for that sum, and 
C, who is going to Cincinnati, pays A the money, and takes 
the order and receives his money again of B. If B has not 
the money when the bill is presented ; or if it is made pay- 
able at some future day, and he agrees to pay it, he is said 
to accept the bill ; and as evidence of the fact, he writes his 
acceptance upon it. 

§ 14. When a person accepts a bill, he becomes the 
debtor, but the drawer remains liable to pay if the acceptor 
fails to do so. But payment must be demanded of the ac- 
ceptor on the last day of grace, and notice given to the 
drawer, as in the case of an indorsed note. 

§ 15. Interest is an allowance for the use money, or for 
the forbearance of a debt. Thus, a person lends to another 
$100 for one year, and receives for the use of it $7, which is 
called the interest. Promissory notes are generally made 
payable with interest. 

§ 16. The rate of interest is fixed by law, but it is not the 
same in all the states. In the State of New-York it is seven 
per cent, that is, seven on every hundred for a year, and in 

$ 11. What is a bill of exchange? § 12 What is it like ? § 13. State 
the nature and effect of a bill of exchange. How is it accepted ? § 14. 
Who is then debtor? When must payment be demanded 4 § 15. What 
is interest ? Give an example. § 16. What is the lawful rate of interest in 



OF THE LAWS. 137 

that proportion for a longer or shorter period. A less rate 
may be taken, by agreement ; but when no special agree- 
ment is made, seven percent, may, in all cases, be charged. 

§ 17. A higher rate of interest than that fixed by law, is 
called usury. If a person has paid usurious interest, he may 
recover the amount paid above the lawful interest, if sued 
for within one year. A note or obligation on which more than 
lawful interest is to be taken for the loan of money, is void ; 
and the payment of no part of it can be enforced. 

§ 18. This law is intended to prevent persons from taking 
undue advantage of others, who, in cases of extreme neces- 
sity, might be compelled to pay exorbitant, and even ruinous 
rates of interest. It is thought by some, however, that such 
a law ought not to exist. In some states only half, and in 
others a still smaller proportion of the debt, is forfeited for 
taking usury. 



CHAPTER XXXVIII. 

Moneyed Corporations. — Banks ; Insurance Companies. 

§ 1. We are informed that the first banks were only places 
where money was laid up or deposited for safe keeping. 
But banks at the present day are not used for depositing 
alone. No banks in this country can be established, but by 
authority of law. The formation, nature, and uses of a 
bank, are shown by the following example : 

§ 2. If the inhabitants of a place want a bank, they peti- 
tion the legislature to incorporate a banking association. The 
act of incorporation prescribes the manner in which the com- 
pany shall be formed, how its business shall be done, and 
the amount of capital'or stock to be employed. The capital 
is raised in this way : The sum intended to constitute the 
capital of the bank, is divided into shares of $100 each : so 
that if the whole stock is to be $100,000, there are 1000 
shares. These shares are sold, to one person ten, to another 

this state 1 § 17. What is usury % What is forfeited for taking usury 1 
§ 18. What is the object of this law. 1 
§ 1. What is said of the first banks 1 § 2. State how a bank is author- 



139 GOVERNMENT OF NEW YORK. 

twenty, and to another, perhaps fifty, and so on till all are 
sold, and the whole capital is paid in. 

§ 3. Now a person buying any number of shares, takes 
a certificate, stating that he is the owner of such number of 
shares ; and such certificate may be sold to another person. 

§ 4. The stockholders choose of their number, usually, 
thirteen directors, who choose one of themselves to be presi- 
dent ; hence the name of a banking association generally is, 

" The President, Directors, and Company of the Bank of . M 

The president and directors choose a cashier and clerks. 

§ 5. A part of the business of banks is still that for 
which they were originally intended, viz., depositing money. 
Merchants and other business men near a bank, deposit their 
money, and then draw it out as they have use for it, by send- 
ing their order to the cashier. This order is called a check. 

§ 6. Banks are allowed to issue their own bills as money. 
A bank bill or note, is a promise to pay the bearer a certain 
gum, on demand, and is signed by the president and cashier. 
These bills pass as money, because persons holding them 
may get the gold or silver for them by demanding it of the 
cashier. 

§ 7. A material part of the business of a bank is to lend 
money. If a man wants to borrow money at a bank, he 
makes a note for the amount wanted, winch is signed by 
himself and one or two others as sureties. For this note 
the cashier pays, in the bank's own bills, deducting from tha 
amount the interest for the time the note is to run. 

§ 8. Another kind of business done by banks is, to assist 
merchants and others in transmitting money to distant 
places. An operation of this kind is performed thus : A in 
Boston wishing to send $1,000 to B in Philadelphia, puts the 
money into a bank in Boston ; and takes for it an order, or 
draft, on a bank in Philadelphia, for that amount to be paid 
to B. The draft is sent by mail to B, who calls at the 
bank, and receives his money : and the bank charges the 
amount to the Boston bank. 

ized, and how the capital is raised. § 4. Who are the stockholders ? What 
officers are chosen, and how ? §5. How are deposits drawn out of a bank ? 
§ 6. What is the nature of a bank bill ? § 7. How is money borrowed 
from a bank ? § 8. Describe the manner of transmitting money to distant 
places through banks ? $ 9. How are banks saved the trouble of collecting 



OF THE LAWS. 139 

§ 9. But how does the bank in Philadelphia get its money 
again ? It must be remembered, that as there are many 
merchants in each city constantly trading with those in the 
other, large sums must be constantly sent from one place to 
the other, through the banks. The bank in each city, there- 
fore, keeps account with that in the other ; and as about an 
equal amount passes from each to each, many thousand 
dollars may be charged by each to the other, and on settle- 
ment but a small balance may be due from either. 

§ 10. It has just been said that banks pay out their own 
notes as money, which they promise to pay on demand. Paying 
specie for their bills is called redeeming them. But banks 
sometimes issue more bills than they are able to redeem. 
In that case they are said to fail, or to break ; and the 
holders of bills suffer loss ; because the individual property 
of the stockholders cannot be taken to pay the debts of the 
bank, except in a few states. 

§ 11. In the state of New-York there are laws which 
provide means for redeeming the bills of banks that fail. 
In 1830, a law was made imposing a yearly tax of one half 
of one per cent., that is, a half cent on every dollar, or a 
half dollar on every hundred dollars of their capital stock, 
until three per cent, should be paid. The money thus 
raised is a fund, called safety fund, from which bills of broken 
banks are redeemed. When this fund is likely to run out, 
the taxing must be renewed. 

§ 12. A new banking law was enacted in 1838, by which 
banks thereafter to be established, wei*e to put into the hands 
of the comptroller, securities for redeeming their bills, for 
the full amount of their capital. At least one half of these 
securities must consist of stocks of this or some other state, 
and the remainder, of mortgages on real estate. When a 
bank fails, the comptroller sells the lands and state stocks 
which he has in pledge, if necessary, to redeem the bills. 
Under this law, persons may form a banking association 
without applying for a special law of incorporation. 

§ 13. But perhaps not every young reader knows what 
state stocks are. They are debts which a state owes. When 

from each other after each operation 1 § 10. What is redeeming bills ? 
$11. Describe the banking law of 1830. § 12. How is security provided 
by the law of 1838 ? § 13. What are state stocks ? Describe the maun*! 






140 



GOVERNMENT OF NEW YORK. 



a state undertakes to construct a canal, or some other great 
work, or needs money for any other purpose, it borrows the 
money of rich individuals, generally for a long term of years. 
The business is done on the part of the state by the proper 
officer, (the comptroller in this state,) who gives for the money 
borrowed, the bonds of the state, promising to pay the money 
at the time specified, with interest at the rate agreed on. 

§ 14. These bonds are usually given in sums of $1,000, 
and may be sold and transferred as promissory notes. 
These state bonds or stocks are generally considered good 
security ; because, if the state has no other means of re- 
deeming its bonds, the legislature has power to pass a law to 
raise the money by a tax upon the people. Almost every 
state is more or less indebted, in this way, not only to Ame- 
rican capitalists, but to those of European countries, whence 
many millions of dollars have been sent to the United 
States, to purchase state stocks. 

§ 15. There is another kind of moneyed corporations, called 
insurance conqianies. They are formed in the same manner 
as banks. For a small sum paid them, say 50, 75, or 100 
cents on every 100 dollars of the estimated worth cf a build- 
ing, they agree to pay for it if it should be destroyed by fire. 
They also insure ships and other vessels. Sometimes the 
lives of men are thus insured ; the company agreeing to pay 
a certain sum, or a yearly allowance, for the benefit of a 
man's family in case of his death. 

§16. There are also mutual insurance companies. Every 
person having his property insured, is a member of the com- 
pany, and pays so many dollars on every hundred of the 
value of the property. Out of the fund thus raised a build- 
ing when burned is paid for. Companies of this kind have 
been formed in every part of the state. 

in which they are created. § 14. Why are these stocks thought good secu- 
rity ? § 15. What is the nature of insurance companies \ What do they 
insure ? % 16. How is the fund of a mutual insurance company raised \ 









OF THE LAWS. 141 



CHAPTER XXXIX. 

Of Crimes. — Felonies, or Crimes punishable with Death, or by 
Imprisonment in State Prison. 

§ 1 . To protect the persons and property of the citizens, 
there must be, in every state, laws against crime. These 
laws ought to define the several crimes, and to declare what 
shall be the measure of punishment to be inflicted upon of- 
fenders. There are, in the state of New York, three crimes 
punishable by death : treason against the people of the state, 
murder, and arson in the first degree. 

§ 2. These crimes are called capital offences, and their 
punishment is called capital punishmem ; because it is the 
highest that can be inflicted, and perhaps also because the 
word capital is derived from the Latin caput, which means 
head ; and this punishment was formerly inflicted by behead- 
ing, and is said to be still practiced in some of the eastern 
countries. 

§ 3. Treason is defined by the statute to be, levying war 
in this state against the people of this state ; or a combina- 
tion of two or more persons, attempting by force to usurp or 
overturn the government of the state ; or in adhering to ene- 
mies of the state while separately engaged in war with a fo- 
reign enemy, and giving them aid and comfort. 

§ 4. Murder is the killing of a person in the following 
cases : (1.) when done with intent to effect death ; (2.) when 
done by an act imminently dangerous to others, and showing 
a depraved mind, regardless of human life, although without 
design to effect death ; (3.) when done without design to ef- 
fect death, by a person in committing a felony ; (4.) when 
done by duelling. A felony, in this state, is a crime pun- 
ishable by death or imprisonment in a state prison. 

§ 5. Arson in the first degree is wilfully setting on fire or 
burning, in the night time, a dwelling house or other building 
in which there is, at the time, some human being, and which 

% 1 What crimes are punishable with death in this state \ % 2. Why 
are these called capital offences ? § 3. What is treason ? § 4. WhaJ is murder I 
Felony ? § 5. What is arson in the first degree I $ 6. What is man- 



142 GOVERNMENT OF NEW YORK. 

building has been usually occupied by persons lodging 
therein at night. 

§ 6. Manslaughter in the first degree, is the killing of a 
person without a design to cause death, by another person 
who is engaged in committing, or is attempting to commit, 
a crime or misdemeanor less than a felony ; or who assists 
another in committing self-murder. Penalty, imprisonment 
not less than seven years. 

§ 7. Manslaughter in the second degree, is the killing of 
a person without a design to effect death, but in a cruel, 
unusual manner ; or in unnecessarily killing another in 
attempting to hinder his doing an unlawful act. Imprison- 
ment, not less than four years, nor more than seven. 

§ 8. Manslaughter in the third degree, is the killing of 
another in the heat of passion, by a dangerous weapon, 
without a design to effect death ; or the unintentional killing 
of a person by the negligence of another, engaged in com- 
mitting or attempting to commit a trespass ; or permitting a 
a mischievous animal to go at large, knowing its evil pro- 
pensities, if such animal shall kill a person ; or un- 
designedly causing death by a physician in a state of 
intoxication, by administering any poison, drug, or medicine, 
or doing any other act which shall produce death ; or causing 
death by persons navigating steam-boats or other vessels, 
through culpable negligence or ignorance. Imprisonment 
from two to four years. 

§ 9. Manslaughter in the fourth degree, is the involuntary 
killing of a person with any weapon, or by means neither 
cruel nor unusual, in the heat of passion. State prison two 
years; or county jail, not exceeding one year, or fine of 
$1,000, or both. 

§10. Homicide signifies mankilling. It is of three kinds, 
felonious, justifiable, and excusable. When felonious, it is 
either murder or manslaughter. Justifiable homicide is that 
which is committed in the necessary defence of one's person, 
house or goods, or of the person of another, when in danger of 
injury ; or that which is committed in lawfully attempting 

slaughter in the first degree ? What is the penalty ? $ 7. Manslaughter 
in the second degree ? Punishment ? % 8. Manslaughter in the third 
degree ? Punishment ? § 9. Manslaughter in the fourth degree ? Punish- 
ment ? % 10. What is homicide ? State the different kinds. % 11. What 



OF THE LAWS. 143 

to take a person for felony committed, or to suppress a riot, 
or to keep the peace. Excusable homicide is the killing of 
a person by accident, or while lawfully employed, without 
any design to do wrong. In the two last cases there is no 
punishment. 

§ 11. Intentionally maiming another by cutting out or 
disabling the tongue or any other member or limb ; inveig- 
ling or kidnapping ; decoying and taking away children ; 
exposing childre0m the street to abandon them ; committing 
or attempting an assault, with intent to kill, or to commit any 
other felony, or in resisting the execution of a legal process ; 
administering poison without producing death ; poisoning any 
well or spring of water ; are all felonies, and punishable as 
such. State prison not over ten years ; or in some cases, 
county jail, or fine, or both. 

§ 12. Arson in the second degree, is setting on fire or 
Durning an inhabited dwelling, in the day time ; or setting 
on fire in the night time, a shop or other building endan- 
gering an inhabited dwelling. Arson in the third and fourth 
degrees, is the burning of buildings other than dwellings, and 
other property of various kinds. Imprisonment from two 
to ten years. 

§ 13. Burglary in the first degree, is* breaking into and 
entering, in the night time, a dwelling in which there is at 
the time some person, with intent to commit some crime therein, 
either by breaking or bursting into it, or by unlocking an 
outer door with false keys, or by picking the lock. Breaking 
into and entering a house, by day or by night, under circum- 
stances which do not constitute burglary in the first degree, 
is burglary in the second or third degree. In the first degree, 
imprisonment not less than ten years ; second degree, from 
five to ten ; third degree, not more than five years. 

§ 14. Forgery consists in falsely making, counterfeiting, 
or altering, any instrument of writing, with intent to defraud. 
The word counterfeiting is generally applied to making false 
coins or bank notes, or in passing them ; or in having in 
possession any engraved plate, or bills unsigned, which are 

are some of the crimes mentioned in this section ? § 12. What is arson in 
the second degree ? Third and fourth degrees \ Punishment \ §13. What 
is burglary in the first degree ? Second and third degrees ? Punishment 1 
% 14. What? is forgery ? Counterfeiting ? Punishment \ % 15. What '» 



144 GOVERNMENT OF NEW YORK. 

intended to be used for these purposes. Imprisonment the 
same as for burglary. 

§ 15. Robbery. Taking personal property from another 
in his presence and against his will, by violence, or by put- 
ing him in fear of immediate injury to his person, is robbery 
in the first degree. If the property is given up through fear 
of injury threatened upon his person or property, or upon 
that of a relative or member of his family, to be inflicted-at 
some different time, it is robbery in the secoill degree. First 
degree, imprisonment not less than ten years ; second de- 
gree, not more than ten years. 

§ 16. Knowingly to send or deliver, or to make for the 
purpose of being sent, a letter or writing, threatening to ac- 
cuse any one of crime, or to do him some injury, with in- 
tent to extort or gain from him any money or property, is 
considered an attempt to rob, for which the offender may b© 
imprisoned not exceeding five years. 

§ 17. Embezzlement is fraudulently putting to one's own 
use what is intrusted to him by another. To buy or receive 
property knowing it to have been embezzled, is to be guilty 
of the same offence. Embezzling is punishable in the sama 
manner as larceny of the same amount. 

§ 18. Larceny \s theft or stealing. If the value of the 
property stolen is more than twenty-five dollars, the crime is 
grand larceny. Imprisonment not exceeding five years. If 
committed in a dwelling house, ship or other vessel, three 
years may be added. And if in the night time, imprison- 
ment may be ten years. A second offence, though the amount 
stolen is under twenty-five dollars, is punishable as grand 
larceny. i 

§ 19. Perjury is wilfully swearing or affirming falsely, to 
any material matter, upon an oath legally administered. If 
committed on trial of a capital offence, imprisonment not less 
than ten years ; on any other trial, not exceeding ten years. 
Subornation of perjury is procuring another to swear falsely: 
punishable as perjury. 

robbeiy in the first degree ? Second degree ? Punishment ? § 16 What 
is an attempt to rob ? Punishment ? § 17. What is embezzlement ? Punish- 
ment ? $ 18. What is larceny ? Grand larceny ? Puuishment ? Petit 
larceny ? Punishment ? § 19. What is perjury I Punishment \ Subor- 
nation of perjury ? Punishment \ § 20. What is bribery ? Punishment ? 



OF THE LAWS. 



145 



§ 20. Bribery is promising or giving a reward to a public 
officer, to influence his opinion, vote, or judgment. Impri- 
sonment not exceeding ten years, or tine not exceeding $5000, 
or both. A person accepting such bribe, is punishable in the 
same manner, and forfeits his office, and may never hold 
another public trust in this state. Penalty less in case of 
the lower officers. 

§ 21. Bur! ling is a combat between two persons with 
deadly weapons. Killing another in a duel is murder, and 
punishable with death. If death does not ensue, imprison- 
ment not exceeding ten years. Challenging, or accepting a 
challenge, to fight, or to be present as a second, imprisonment 
not exceeding seven years. 

§ 22. Aiding or attempting to aid a prisoner committed for 
felony, to escape from confinement or forcibly rescuing a pri- 
soner charged with crime, from the custody of a public officer, 
is a crime. Imprisonment not exceeding ten years. If the 
offence for which the prisoner is committed is less than fe- 
lony, imprisonment in jail, not exceeding a year, or fine 
not exceeding -SoOO, or both. 

§ 23. A sheriff, jailor, or other officer, for corruptly refus 
ing to execute a lawful process for apprehending or confin 
ing a person charged with a crimnal offence, or for conniv- 
ing at or allowing the escape of a prisoner in his custody, 
may be imprisoned in jail, not exceeding a year, or fined not 
exceeding $1000, or both : and such officer shall be for ever 
disqualified to hold office in this state. 

§ 24. If a prisoner confined in a state prison shall break 
prison and escape ; or if he shall attempt, by force or vio- 
lence to any person, to escape from prison, whether he shall 
eseape or not, five years may be added to the term for which 
he was imprisoned. A person confined in a county jail for 
a criminal offence, may, for breaking jail and escaping, be 
imprisoned in a state prison two years, or in a county jail 
one year, in addition to the former term. And any person, 
lawfully confined in jail for any cause whatever, who shall 
forcibly break jail, or attempt by force or violence to escape, 
may be imprisoned therefor in jail one year. 

For accepting bribe, what? § 21. What is duelling? How punished ? 
$ 22. For aiding escapes, what punishment I $ 23. Vor what are sheriffs 
and other officers punishable ? To what extent I $ 24. For breaking and 



146 



GOVERNMENT OF NEW YORK. 



§ 25. Bigamy is the crime of having two or more wives , 
and is also called polygamy. But bigamy literally signifies 
having two wives, and polygamy any number more than one. 
These words, in law, are applied also to women having two 
or more husbands. A person having a husband or wife 
living, and marrying another person, is guilty of bigamy. 
Imprisonment not exceeding five years. (For exceptions, 
see Chap. 32, § 6.) 

§ 26. An unmarried person, also, who shall marry the 
husband or wife of another, is punishable in like manner, 
or may be imprisoned in a county jail not exceeding a year, 
or fined not exceeding $500, or both. 

§ 27. Incest is the marrying or cohabiting together as hus- 
band and wife, of persons related to each other within certain 
degrees. (See Chap. 32, § 3.) Imprisonment not exceeding 
ten years. 

§ 28. Opening a grave and removing a dead body, for 
any unlawful purpose, or purchasing such body knowing 
it to have been unlawfully disinterred, is a crime. Imprison- 
ment not exceeding five years in state prison ; or in jail, 
not exceeding one year, or fine not over $500, or both. 
Opening a grave with the above intent, or stealing the coffin 
or any article interred with the body, is punishable by 
imprisonment in a state prison two years ; or in jail six 
months, or fine $250, or both the latter. 

§ 29. It is also criminal for a person knowing an offence to 
have been committed, for any money or promise of reward 
to conceal such offence. If the crime committed is punish- 
able by death or imprisonment for life, the person concealing 
or compounding it, may be imprisoned in state prison five 
years, or in county jail one year. If the crime committed 
is punishable by a shorter imprisonment than for life, the 
person concealing it may be imprisoned in state prison three 
years, or in jail six months. 

escaping from state prison, what penalty ? From county jail, what ? § 25. 
What is bigamy % Polygamy ? Penalty ? % 26. For an unmarried person 
marrying another's wife or husband, what penalty ? $ 27. What is incest ? 
Penalty! 28. For opening graves, what penalty \ % 29. For concealing 
crimes, what penalty % 



OF THE LAWS. 147 

CHAPTER XL. 

Offences punishable h) Imprisonment in a county Jail and by 
Fines ; General Provisions concerning Crimes ; Arrest 
and Examination of offenders. 

§ 1. Among the offences not punishable by imprisonment 
in a state prison are the following: Petit larceny, which is 
stealing $25 or less, first offence ; attempting to extort, by 
threats, any money or other benefit ; fraudulent conveying" 
or concealing property to defraud creditors; conspiracies 
bv two or more persons to commit an offence ; imprisoning 
or arresting another without legal authority, or under a 
false pretence ; receiving a reward to conceal a misdemeanor ; 
racing horses within a mile of the place where a court is 
sitting; wilfully committing trespass, by cutting down or 
carrying away any wood or timber, or injuring fruit, orna- 
mental, or shade trees. 

§2. Also the following : Voting at an election more than 
once ; physicians or others when intoxicated, prescribing medi- 
cines endangering life ; druggists or others keeping poison- 
ous articles for sale without having them labelled with the 
word M poison; 5 ' maliciously killing or wounding animals 
belonging to another, or cruelly beating his own or another's ; 
wilfully opening or reading sealed letters addressed to another, 
except in cases punishable by the laws of the United States ; 
removing or defacing any monument, mile-stone, or guide- 
board ; maliciously injuring or destroying a public bridge, 
toll-gate, or mill-dam. 

§ 3. The above mentioned offences, and numerous others 
not here enumerated, are called misdemeanors, and are pun- 
ishable by fine, or imprisonment in a county jail, or both. 
And any person having been convicted of an attempt to com- 
mit an offence which, if committed, would be punishable by 
imprisonment in a state prison, shall, for a second offence, be 
imprisoned in such prison. 

§ 4. General provisions. Persons sometimes advise or are 

U 2. Mention some of the offences enumerated in these two sections ? 
$ 3. What are these offences called ? How are they punished ? How is a 
second attempt to commit a misdemeanor punished ? § 4. What is an ae- 

f 



148 GOVERNMENT OF NEW YORK. 

knowing to the commission of felonies, but are not actually 
engaged in committing them. Such are accessories. He 
who advises or commands another to commit a felony is called 
an accessory he fore the fact, and is punished in the same man- 
ner as the principal. If he conceals the offender after the 
offence has been committed, or gives him any aid to prevent 
his being brought to punishment, he is an accessory after the 
fact y and may be imprisoned in a state prison not over five 
years, or in a county jail not more than one year, or fined 
not exceeding $500, or both the latter. 

§ 5. The terms of imprisonment prescribed by law for 
second offences, are much longer than those for first offences. 
And if a person is convicted of two or more offences before 
sentence is pronounced for either, the imprisonment for each 
subsequent offence begins at the end of the imprisonment for 
the former. 

§ 6. Persons under sixteen years of Age, convicted of fe- 
lony or other crime, instead of being sentenced to state 
prison or the county jail, may, by order of the court, be sent to 
the house of refuge established by the society for the refor- 
mation of juvenile delinquents, in the city of New York, if 
there is room for them in such house of refuge. 

§ 7. A r?y^o^ sentenced on conviction for a felony, shall 
not thereafter he competent to testify, in any cause, civil or 
criminal, except in the cases specially provided by law, or 
unless he shall have been pardoned before the expiration of 
the term for which he was sentenced. 

§ 8. No person can be twice tried for the same offence. 
(Cons. Art. 7, § 7.) But if he was acquitted because the 
proof on trial did not agree with the indictment, or be- 
cause the indictment was defective, he may again be in- 
dicted and tried. 

§ 9. Arrest arid examination of offenders. Any judge or 
justice of the peace has power to issue process for apprehend- 
ing any person charged with an offence. When a complaint 

cessory ? An accessory before the fact ? After the fact ? Punishment ? 
§ 5. How does the punishment of a second offence differ from that of the 
first I When a person is convicted of two or more offences before sen- 
tence, v.? hat ? <s 6. Persons convicted under sixteen years, how may they 
fee sentenced 1 § 7. Whfit disqualification does conviction for felony pro- 
duce 1 $ 8. Csn a person be twice tried for the same offence ? What ex- 
ception is mentioned 1 ? 9. Who may issue process to apprehend offend 



m** ™ 






OF THE LAWS. 149 

\s made to a magistrate, he examines the complaint, on oath 
and any witnesses that are produced ; and if it appears that 
an offence has been committed, he issues a warrant., command- 
ing the officer to whom it is directed to bring th< 
fore the magistrate. 

§ 10. The magistrate first examines the complainant and 
witnesses in support of the prosecution; and next the prisoner, 
who is not on oath, and then his witnesses. T :•: is 

put to writing by the magistrate and signed by the witnesses. 
If an offence has been committed, the magistral by 

recognizance, the prosecutor and all material wife t< sses, to ap- 
pear and testify against the prisoner, at the next court at 
which the prisoner may be indicted and tried. 

§ 11. If the offence is one which may be tried by a court 
of special sessions, he may be forthwith tried by such court, 
if he chooses to be so tried. This court consists hree 

justices of the peace of the town, and has power to try 
of the lower kinds ; and is calculated to prevent delay, and 
to save much trouble and expense. 

§ 12. If the offender does not choose to be tried by thia 
court, and if the offence is one for which he may be let to bail, the 
magistrate may take bail for his appearance at the next court. 
But if no bail is offered, or if the offence is not bailable, the 
prisoner is committed to jail until the next court 1 ver 

to try him. But he must be indicted by a grand jury before 
he can be tried. (See Chap. 28, § 8.) 

§ 13. The reason why offenders are sometimes atrrested 
and examined before their case is brought before a grand 
jury, is to prevent their escaping before the next county 
court, as grand juries do not sit except during the sittings of 
courts. 

§ 14. The way in which bail is taken is this : The accused 
gives a bond in such sum as the justice or judge shall re- 
quire, with one or more sureties, who are bound for the ap- 
pearance of the accused at the next court, or in case he shall 
not appear, then to pay the sum mentioned in the bond. This 

ers ? When is it issued and what is it called ? § 10. Describe the proceed- 
ings of the magistrate ? §11. By what court may the offender be immedi- 
ately tried ? What is the use of this court? § 12. If the offender choosea 
not to be tried by it, what? § 13. Why are offenders brought before ma* 
gistratss ? § 14.* How is b*.il taken ! What is a recognisance ? 
13* 



150 GOVERNMENT OF NEW YORK. 

bond or obligation is in law called a recognizance. The same 
name is also applied to the bond given by the prosecutor and 
witnesses for their appearance at court. 



CHAPTER XLI. 
Sundry Regulations for preserving Peace and Order. 

§ 1. Disorderly persons and practices. There are nume- 
rous classes of persons who corrupt the morals and disturb 
the peace and good order of society ; among whom are the 
following : men who threaten to run away and leave their 
families to be supported by the public ; persons pretending 
to tell fortunes ; keepers of houses for the resort of drunkards, 
gamesters, or other disorderly persons ; persons having no 
visible calling, but who for the most part support themselves 
by gaming, ; all common showmen, rope dancers, and other 
public actors ; keepers of gaming tables and other gaming 
machines or devices. 

§ 2. Any person deemed to be disorderly may be brought, 
by warrant, before a justice for examination, and if found to 
be a disorderly person, the justice may require him to give 
a bond, with sureties, for his future good behavior ; and if 
he cannot find sureties, he may be committed to jail. 

§ 3. It is a disorderly act to fire any gun or other fire- 
arms, rocket,cracker,or other fire- works, within a quarter of 
a mile of a building, on Christmas and New-year's days, 
the 22d of February, or on the day celebrated as the anni- 
versary of American independence, for which the offender 
may be fined five dollars.x 

§ 4. Any person who, on a day of public meeting, keeps 
any gaming establishment within half a mile of such meeting, 
may be fined $25 ; and it is the duty of sheriffs and all 
other peace officers to break, burn, or otherwise destroy 
every such gaming table or machine. 

$ 1. What classes of persons are called disorderly ? §2. What may bts 
done with them \ % 3. What is the fine for firing guns &c. on certain days ? 
What days \ § 4. How are gaming tables, &c. prohibited on public days ? 



OF THE LAWS. 151 

§ 5. Tavern keepers, grocers, or masters of vessels or 
boats for carrying passengers, may not allow gaming in 
their houses or on their boats. Fine $10. 

§ 6. Raffling for money or other property, or being inter- 
ested in the same, is forbidden under a penalty of $10. 
And any person setting up money or goods to be raffled for, 
forfeits three times the value of the same and ten dollars 
besides. 

§ 7. Betting and gaming is a disorderly practice, and un- 
lawful. The loser of any wager or bet is not bound to pay 
it ; or, if he has paid it, he may sue for and recover the 
same. The winner at a game of chance forfeits five times 
the value of what he so wins ; and the winner or loser at 
play, or by betting the value of twenty-five dollars or 
upwards within twenty-four hours, may be fined five times 
the sum so lost or won. 

§ 8. Racing horses and other animals for any bet or stakes. 
is declared to be a common nuisance and misdemeanor ; 
and all parties concerned therein are subject to a fine not 
exceeding $500, or imprisonment not exceeding a year. 
And any person assisting to make up a purse to be run for, 
forfeits $25. And all peace officers may disperse the 
persons assembled to attend the race ; and judges and 
justices may issue warrants for arresting the offer lers, and 
compel them to enter into recognisances, with sureties, for 
good behavior, and for their appearance at the proper court 
to answer for their offences. The owner of the racing 
animal forfeits the value of the same. 

§ 9. Profane cursing and swearing is forbidden under a 
penalty of one dollar for every offence ; and if done in the 
presence and hearing of a magistrate, he may convict the 
offender without other proof. If the offender does not forth- 
with pay the fine with costs, or give security for their pay- 
ment within six days, he may be committed to jail not less 
than one day nor more than three days. 

§ lb. For the wilful disturbance of a religious meeting, by 
improper behavior, or by making a noise within or near the 

§ 5. How in taverns, groceries, and on boats ? $ 6. What is the penalty for 
raffling ? § 7. Penalty for betting and gaming ? § 8. Racing horses for 
bets or stakes ? What power have peace officers to prevent racing ? § 
How may profane cursing and swearing be punished 1 § 10. Disturbing xo 



152 GOVERNMENT OF NEW YORK. 

place of meeting, the offender may be fined not exceeding 
825 ; or in case of non-payment, he may be imprisoned, not 
sxceeding thirty days, or till the fine shall be paid. 

§11. The observance of Sunday is required. It forbids 
all shooting, hunting, sporting, and pastimes on that day : 
and all traveling and servile labor, except such as necessity 
and charity require. Penalty, one dollar for each offence, 
committed by a person of the age of fourteen years. Persons 
uniformly keeping Saturday as holy time, and whose labor 
does not disturb others in the observance of Sunday, are not 
required to keep this day. 

§ 12. No person may expose to sale any goods, wares, 
fruits, or other property on Sunday ; except meats, milk, and 
fish, which may be sold before nine o'clock in the morning. 
The articles so exposed for sale are forfeited, and may be 
seized by warrant, and sold on one day's notice,- and the pro- 
ceeds paid to the overseers of the poor. 

§ 13. Shows &fC. Any person exhibiting or performing 
\x gain or profit, any wire or rope dance, or any other idle 
kiiows or feats which common showmen, mountebanks or 
jugglers usually perform ; and any person allowing his 
house or any other part of his premises to be used for such 
purpose, forfeits $ 25 for each offence. The same penalty 
applies to persons exhibiting any painting, animal, or natural 
or artificial curiosity, not above mentioned, without a written 
permission signed by two justices of the town. 

The fines and penalties mentioned in the several sections 
of this chapter are principally applied to the support of the 
poor. 

§ 14. Beggars and vagrants. Ail idle persons wandering 
about and begging, and giving no good account of themselves, 
are deemed vagrants ', and may be taken before a magistrate 
and examined. If any such person needs relief, he may be 
provided for as a poor person, and kept at labor not exceed- 
ing six months ; but if he is a notorious offender, he may be 
sent to a house of correction, or to a county jail, not exceed- 
ing sixty days. 

lipioiis meetings ? §11. What is forbidden on Sunday ? What is the pen 
alty ? § 12. What is forfeited for exposing e;oods for sale ? $ 13. What is 
the penalty for exhibitions, jugglery, &c. I In what case may certain curi 
oeitiefi be exhibited 1 How are fines applied ? § 14. What is the law coa 



OF THE LAWS. 153 

§ 15. Habitual drunkards. If the overseers of the poor 
discover any person to be a habitual drunkard, they may, by 
public advertisement, forbid all persons selling or giving such 
drunkard any spirituous liquors, unless by advice of a phy- 
sician ; and any person who shall offend against this provi- 
sion, shall forfeit $10 for the use of the poor. But the drunk- 
ard may have the fact determined by a jury whether he is 
or is not a habitual drunkard. 

§ 16. To prevent the property of a habitual drunkard from 
being wasted, the overseers of the poor may apply to the 
chancellor, who provides for the safe-keeping of the property 
of idiots, lunatics, and other persons who are unable to man- 
age their own affairs, and for maintaining them and their fam- 
ilies out of their property. If the property of a drunkard 
amounts to less than $250, the overseers may apply to the 
court of common pleas of the county, which has in that case 
the same power as the chancellor. 

§ 17. Law of the road, public stages, 8fC. Persons meet- 
ing with carriages shall seasonably turn their carriages to 
the right of the centre of the road, under the penalty of $5 
to be recovered by the party injured. Any person who shall 
run his horses or suffer them to run with a carriage up- 
on a public road, may be lined not exceeding $100, or im- 
prisoned not exceeding sixty days. 

§ 18. Owners of public stages are forbidden to employ 
drivers addicted to drunkenness, under a penalty of five dol- 
lars for every day they are thus employed. The driver of 
any passenger carriage who shall leave his horses attached 
to it while passengers remain the'rein, without first fastening 
the horses or placing the lines in the hands of another per- 
son, forfeits $20. And the owners of public carriages are 
liable for all injuries and damages done by their drivers, 
whether done wilfully or otherwise. 

cerning beggars and vagrants? § 15. What way is provided to prevent 
habitual drunkards from getting liquor? $ 16. To prevent their spending 
their property ? § 17. What is the law of the road ? S> 18. What concerning 
public stage owners \ 



154 GOVERNMfctfT OF NEW YORK. 

CHAPTER XLII. 

Ojf the rights of Conscience ; Writ of Habeas Corpus ; Lib 
erty of Speech and of the Press, 

§ 1. There are certain important rights secured to the peo- 
ple of this state, which have not yet been noticed. The guar- 
anty of these rights is in the 3d, 6 th, and 8th sections of the 
7th article of the Constitution. 

§ 2. The first of these sections (§ 3) secures to every cit- 
izen liberty of conscience ; which is the liberty to discuss and 
maintain our religious opinions, and to worship God in such 
manner as we believe most acceptable to him. This is a 
privilege heretofore denied to the people of many other coun- 
tries, even in some called Christian and civilized ; in which 
many thousands have been put to death for their l'eligious 
opinions. 

§ 3. But the rights of conscience are now more exten- 
sively tolerated. In some countries, however, there is still 
what is called an established religion , where some religious 
denomination receives the support of the government, as in 
Great Britain. This is called " union of church and state." 
But. in this country the government does not interfere in relig- 
ious matters, except to protect and secure to every denomina- 
tion, "without discrimination or preference, the free exercise 
and enjoyment of religious worship." 

§ 4. Another of the rights alluded to, is the privilege ot 
the "writ of habeas corpus." This is a Latin phrase, and 
means, have the body. This privilege was long enjoyed by 
the people of Great Britain before the independence of these 
states ; and it is not strange that a people loving liberty 
should, in establishing a government of their own, insert such 
a provision in their constitution. 

§ 5. A person committed, confined, or restrained of his 
liberty for a supposed criminal matter, or under any pretence 
whatsoever, may, before the final judgment of a court is 

% 2. What is liberty of conscience ? Has religious liberty always been 
enjoyed 1 § 3. To what extent are the rights of conscience secured in thi3 
country \ % 4. What is the meaning of habeas corpus \ % 5. In what 



OF THE LAWS. 155 

pronounced against him, petition a competent court or judge, 
stating the cause of complaint. The judge then issues a 
writ against the party complained of, commanding him to 
hring before the court or judge, the body of the person 
confined ; and if he shall refuse to do so, he may be im- 
prisoned. 

§ 6. If, upon examination, it appears that the complainant 
has been illegally confined, the judge grants relief. If a 
person has been discharged upon habeas corpus, he may 
not be again confined for the same cause ; but it is not to be 
deemed the same cause if, after a discharge, he shall be 
committed for the same offence by due process of law ; or if, 
after a discharge for defect of proof, or defect in commitment, 
he shall be again arrested on sufficient proof, and committed 
for the same offence. For reimprisoning a person unlaw- 
fully after having been duly discharged, the law imposes a 
penalty of $1250, to be paid to the party aggrieved. 

§ 7. The section which remains to be noticed, is that which 
secures to all the right "freely to speak, write, and publish 
their sentiments ;" that is, the liberty of speech and of the 
vress. A press is a machine for printing; but the word is 
also used to signify the business of printing and publishing ; 
hence liberty of the press is the free right to publish books 
or papers without restraint. 

§ 8. In many foreign countries, persons were not allowed 
to speak against the government or its officers, however bad 
their character or acts might be. In some of these govern- 
ments, books and papers could not be issued without being 
first examined by persons appointed by the government. 
In this country no law can be passed which shall prevent 
the humblest citizen from censuring the conduct of the highest 
officer of the government. 

§ 9. But it must not be supposed that men may speak or 
publish, against others, whatever they please ; for the same 
section which secures freedom of speech, makes us " respon- 
sible for the abuse of that right." Without some restraint, 

cases, and how, is this writ obtained ? § 6. What does the judge then do ? 
Can he be twice confined for the same cause ? For so doing, what is the 
penalty 1 What is not considered the same cause ? $ 7. What is liberty ot 
speech ? Liberty of the press ? $ 8. Is this liberty every where enjoyed ? 
$ 9. May we speak of otners whatever we please \ Why should we not ? 



156 GOVERNMENT OF NEW YORK. 

wicked men might, by false reports, destroy the good name, 
the peace, or the property of others. Nor may we, in all 
cases, speak even the truth of others, if thereby we should 
injure them. 

§10. To defame another by a false or malicious state- 
ment or report, is either slander or libel. When the offence 
consists in words spoken, it is slander] when in words 
written or printed it is called libel. As a slander in writing 
or in print is generally more widely circulated, and likely 
to do greater injury, it is considered the greater offence. 
Hence damages may sometimes be recovered for slanderous 
words printed, when for the same words merely spoken, a 
suit could not be maintained. 

§ 11. It has just been stated, that we may i>ot always even 
speak the truth of others. By the common law of England, 
the libel was considered as great when the statement was 
true as when false, because the injury might be just as great ; 
and therefore when prosecuted for libel, a man was not 
allowed to prove to the jury the truth of his statement. 
Such may be considered the law in this country, except 
where special provision to the contrary has been made by- 
law or constitution. 

§ 12. But it may sometimes be proper to speak an unfa- 
vorable truth of others : therefore the framers of our consti- 
tution inserted this provision, that " the truth may be given 
in evidence to the jury ; and if the matter charged as libel- 
lous is true, and was published with good motives and for 
justifiable ends, the party shall be acquitted." 

§ 13. The wisdom of this provision is easily seen : sup- 
pose you know a person to be accustomed to steal, or to com- 
mit other secret injuries, you have a right to inform others 
of his practices to put them on their guard against him. But 
though a man has been guilty of bad conduct, if you pub 
Jsh the fact to injure him in his business or to expose him to 
public scorn, you are liable, because you did it not from good 
motives. 

$ 10. What is the difference between slander and libel ? § 11. If a person 
is prosecuted for slander or libel, may he, by the common law, prove that 
what he said is true ? \ 12. What does our constitution provide respecting 
lis T $ 13. Suppose a case in which it would be lawful to publish a man's 
bad character ? $ 14. For what is a person liable in case of slander % For 



OF THE LAWS. 157 

§ 14. In case of slander, a man is liable only for damages 
in a civil action; but for libel, a person is not only liable 
for private damages, but he may also be indicted and tried 
as for other public offences. 



CHAPTER XLIII. 

Of the Government of the United States, 

§ 1. Having treated of the government of the state of 
New York, and of our rights and duties as citizens of this 
state, I proceed, as proposed, to show our relations to the gov- 
ernment of the United States. 

§ 2. It is thought by many persons, to be very difficult to 
understand the relations which the state and national govern- 
ments bear to each other. But if the scholar will attentively 
study the following chapters, he will find that children may 
learn what many of our adult citizens have never learned, 
and what, some think none but men are able to comprehend. 

§ 3. To learn the nature of the general government, and 
of our relations to it as citizens of the United States, we 
must go back to the time when the colonies were subject to 
Great Britain. Though they were all subject to that coun- 
try, they had no political connection with each other. They 
were, in this respect, as independent of each other as so many 
different nations. Hence there was no such thing as being 
a citizen of the United States. Every person was only a 
citizen of the state in which he lived. 

§ 4. During the controversy with Great Britain, it be- 
came necessary for the colonies to agree upon some general 
measures of defence. For this purpose, the first great con- 
tinental congress, composed of delegates from the several 
colonies, met at Philadelphia on the 4th of September, 1774. 
The next year, in May, another congress met to propose and 
to adopt such farther measures as the state of the country 
might require ; and the same congress, on the 4th of July, 

what in case of libel ? 

$ 3. Had the colonies any political connection while subject to Great Bri- 
tain ? Of what were the people then citizens ? $ 4. For what purpose did 



158 GOVERNMENT OF THE UNITED STATES. 

1776, declared the colonies to be free and independent 
states. 

§ 5. This declaration was called " the unanimous decla- 
ration of the United States of America: M but the states were 
united only in certain measures of safety. There was no 
government which exercised authority over the states. The 
people were subject to their respective state governments 
only. They were not yet incorporated into one nation for 
the purpose of government, as now, under a constitution. 
Hence, they were not properly citizens of the United 
States. 

§ 6. To provide effectually for the future security, as well 
as the immediate safety of the American people, congress 
deemed it necessary that there should be a union of the 
states under some general government ; and in November, 

1777, that body agreed upon a plan of union. The articles 
were called " articles of confederation and perpetual union 
between the states ; " and were to go into effect when adopted 
by the legislatures of all the states. Some of the states 
were slow to agree to the articles ; but they were finally 
adopted, March 1, 1781. 

§ 7. The states were now united in a kind of national gov- 
ernment, but it was not such a one as the present ; as wil] 
appear by noticing a few points of difference between them. 
In the first place they were different in form. The confede- 
ration was a union of states ; it was scarcely entitled to be 
called a government. It had not, as the national govern- 
ment now has, the three departments of power, legislative, 
executive and judicial. It had only a legislature, and that 
consisted of only one body ; and to that congress the several 
states, large and small, were entitled to send each an equal 
number of delegates. 

§ 8. That government differed from the present also in 
regard to its powers. The confederation was a very weak 
government. Its powers were vested in congress. The con- 
gress was to manage the common affairs of the nation, and 

the first great congress assemble \ When and where ? What was done 
by the next congress ? § 5. What was the declaration called ? For what 
purpose were the states united ? Was there a national government at that 
time ? $6. What kind of union was agreed upon by congress in 1777 ? 
When did these articles go into effect ? § 7. Was that a government like 
the present ? In what general respects was it different in form T $ 8. Ilow 



GOVERNMENT OF THE UNITED STATES. 159 

to enact such laws (if laws they might be called) as might 
seem necessary ; but it had not the power to enforce them. 

§ 9. For example, it belonged to congress to ascertain the 
number of men and the sums of money to be raised to earn- 
on the war, and to call on each state to raise its due share ; 
but congress could not compel a state to do so. The gov- 
ernment had no power to lay and collect taxes ; it was de- 
pendent upon the states for raising the money to defray the pub- 
lic expenses. It could, and did, to some extent, borrow mo- 
ney in its own name, on the credit of the union ; but it had 
not the means of repaying the money so borrowed. But 
more of its defects will hereafter appear. 

§ 10. It may be asked, how so weak a government could 
keep the states together. The plan was devised in a time 
of war, and had respect to the operations of war, rather than 
to a state of peace : and a regard to their own safety induced 
the states, in most cases, to obey the orders of congress ; 
just as individuals will readily unite when exposed to a com- 
mon danger, or when pursuing a common interest. But 
when the danger is passed, and the desired object attained, 
their union and friendship are easily broken. 

§ 11. So it w^s with the states. The war being over, 
they did not continue to act in harmony. Laws were enacted 
in some states, giving their own citizens undue advantages 
over the citizens of other states ; and soon the good feeling 
which had existed was interrupted : and in a few years the 
jealousies and disputes between the states became such as 
threatened to break up the union. 

§ 12. It was now evident that to keep the states united in 
time of peace with foreign nations, there must be a different 
government ; a government possessing more extensive pow- 
ers, which could control, in all needful cases, *the action of 
the state governments. 

§ 13. Having been thereto requested, congress called a 
convention, to revise and amend the articles of confederation. 
All the states, Rhode Island excepted, chose delegates, who 

did the confederation differ in regard to its powers ? $ 9. By wny of ex- 
ample, what could congress do, and what could it not do ? § 10. How were 
the states kept united under so weak a government? $11. What caused dis- 
putes and ill feeling between the states ? § 12. What kind of a government 
•aw appeared necessary \ $ 13. When did the convention meet, that 



160 GOVERNMENT OF THE UNITED STATES. 

met at Philadelphia in May, 1787. Although it seems to 
have been generally intended only to alter the articles of 
confederation, it was proposed to the convention to form a 
new government, different both in its form, and in respect to 
its powers. This proposition was agreed to by a majority of 
the convention ; and after a long and arduous session, which 
closed in September, the present constitution was adopted by 
the convention. 

§ 14. In examining the constitution, we see that it differs 
also in its nature from the former government. This appears 
from the manner in which it was formed and adopted. The 
articles of confederation were framed by congress, the mem- 
bers of which were appointed by the state legislatures ; and 
when so framed they were sent to the state legislatures, to 
be approved by them, before they could go into effect. The 
adoption of these articles was therefore the act of the legis- 
latures of the states, and not the act of the people of the 
states; and the confederation was a union of states, rather 
than a union of the people of the states. 

§ 15. The constitution, on the other hand, was framed by 
men appointed expressly for that purpose, and submitted for 
approval, not to the state legislatures, but to the people of the 
states, and adopted by state conventions, whose members were 
chosen for that purpose by the people. Hence, the constitu- 
tion is virtually the act of the people ; and the union is not 
a mere confederation of states, but, as the preamble declares, 
" a more perfect union/' formed by "the people of the Uni- 
ted States." 



CHAPTER XLIV. 

Of the Legislative Department, 

§ 1. The legislature, called congress, is composed of two 
branches, a senate and a house of representatives. The 

framed the constitution ? When did the session close ? When was the 
constitution adopted ? (See chap. 50, § 13.) § 14. By whom were the ar- 
ticles of confederation framed ? By whom approved and adopted ? § 15. 
By whom was the constitution, framed,_approved, and adopted ? 
$ 1. How is congress composed I How is the senate constituted ? For 



OF THE LEGISLATIVE DEPARTMENT. 161 

senate consists of two members from each state, chosen by 
the legislature, for six years. This body is constituted upon 
the same principles, nearly, as the old congress, the members 
of which wore also chosen by the state legislatures; and the 
several states were entitled to an equal number, which 
number was not to be less than two nor more than seven ; 
and they were chosen for one year only. 

§ 2. A senator must be thirty years of age; and he must 
have been nine years a citizen of the United States, and 
must be an inhabitant of the state for which he is chosen. 

§ 3. The house of representatives is constituted upon the 
same principle as a legislative body of a state. As the 
members of assembly of the state of New- York, are ap- 
portioned among the counties, in proportion to the^number of 
inhabitants in each, so each state sends to the lower ,house. 
of congress, a number of members proportioned to the 
number of its inhabitants. Representatives are elected for 
two years. 

§ 4. The constitution does not limit either house to any 
definite number of members. Whenever a new state is 
added to the union, two members are added to the senate, 
and one or more to the house of representatives. 

§ 5. The number of representatives may change, also, 
while the number of states remains the same. After the 
taking of a new census, which is done every ten years, 
congress determines what number of inhabitants shall be 
entitled to a representative for the next ten years; which 
number, the constitution declares, shall not be less than 
30,000. 

§ 6. But a representative for every 30,000 inhabitants, as 
the population increases, would make the house too large. 
At this rate there would be, at present, more than 500 repre- 
sentatives. This number would be too great. It would be 
a needless expense to pay so many men to make laws, when 
a smaller number can do the business as well, and much 
more promptly. Hence congress, after the census of 1840, 

what term are senators chosen ? § 2. What are the qualifications of a senator ? 
$ 3. Upon what principle, is the house of representatives constituted 1 What is 
the term of office of a representative ? § 4. What adds to the number of mem- 
bers of each bouse ? § 5. What is the least number of inhabitants that can 
be entitled to a representative ? § 6. What is the present number % Why 
11 



182 GOVERNMENT OF THE UNITED STATES. 

fixed he number of inhabitants as the ratio of representation 
from each state, at 70,680. This gives to New-It ark 34 
representatives. 

§ 7. Representatives are thus chosen: The state is 
divided, by the legislature, into thirty-four districts, called 
congressional districts, in each of which one member of con- 
gress is chosen. Each of the larger counties constitutes a 
district; and of the smaller, two or more together make a 
district. The city and county of New- York, having so 
numerous a population, is divided into four districts. Repre- 
sentatives to congress are chosen in this state, at the annual 
election, every two years. 

§ 8. In the southern states, a large portion of the people 
are slaves. In ascertaining the number of representatives 
for the slave holding states, only three-fifths of the slaves 
are counted. It was contended by some of the delegates in 
the convention that framed the constitution, that the people 
of the slave states ought not to be represented for their slaves, 
because slaves were property, and no property, in the free 
states, entitled its owners to representation. After much 
debate, it was at length agreed, that every five slaves should 
be counted as three free citizens. 

§ 9. ;A representative must be twenty-five years of age, 
and must have been seven years a citizen of the United 
States. Aliens, or foreigners, therefore, cannot be elected 
until seven years after they have been naturalized. 

§ 10. The manner of organizing the houses, and of passing 
bills, as will be seen from the first article of the constitution, 
is similar to that which is practised by the state legislatures. 

§11. Members of congress receive, for their services, eight 
dollars a day. The speaker of the house of representatives, 
and the president of the senate pro tempore, when the vice- 
president is absent, receive sixteen dollars a day. Members 
of congress, also receive a day's compensation for every 
twenty miles travel to and from the seat of government. 

h the number so large ? How many representatives has New- York ? $ ? 
How are representatives chosen ? § 8. By what rule are representatives 
appointed, to the slave-holding states? § 9. What are the qualifications of 
a representative ? $ 10. How do the houses of congress do business ? $11. 
What daily compensation do members receive ? How much for travelling ? 
Is this just ? 



OF THE EXECUTIVE DEPARTMENT. 163 

Rut this is unreasonable. Such are the present facilities 
for travelling, that a member may go from Buffalo to Wash- 
ington in about three days, at an expense of about $30, for 
which he is entitled to receive pay for more than thirty 
days' service. 



CHAPTER XLV. 

Of the Executive Department. 

§ 1 . The executive department of the general government, 
is constituted in a manner similar to that of a state govern- 
ment. The chief executive officer is called the president of 
the United States. He is elected for four years. There is 
also a vice-president, chosen at the same time, and for the 
same term. The general duties of these officers are much 
like those of the governor and lieutenant-governor of a state. 
(See Con. Art. 2, § 2, 3.) 

§ 2. A president must be thirty-five years of age, and a 
natural born citizen of the United States. When the office 
of president becomes vacant, the vice-president becomes 
president ; and a president of the senate, pro tempore, chosen 
by the senate for the purpose, takes the place of the vice- 
president. 

§ 3. In electing a president, the people do not vote directly 
for him. The voters of each state choose a number of men, 
' equal to the number of senators and "representatives to which 
it is entitled in congress. These men, thus chosen in the 
several states, elect the president and vice-president, and are 
called presidential electors. The state of New-York, having 
two senators* and thirty-four representatives in congress, is 
entitled to thirty-six presidential electors. 

§ 4. These electors, however, are not chosen in the same 
manner as members of congress. The names of thirty -four 
men, onerfrom each congressional district in the state, are 

$ 1. In whom is the executive power of the nation vested ? What is the 
nature of his duties? $2. What are the qualifications of a president? 
What is the principal business of a vice president ? $ 3. Do the people vote 
directly for president I By whom is he elected ? $ 4. How and when are 



164 GOVERNMENT OF THE UNITED STATES. 

put on one ballot, together with the names of any other two 
men, corresponding with the two senators ; and each voter 
m the state votes for the whole number of presidential 
electors to which the state is entitled. Presidential electors 
are chosen in this state at the general election in November; 
and by a law of congress, they must, in all the states, be 
chosen within thirty- four days before they meet to vote for 
president. 

§ 5. The electors of president do not all meet in one body. 
Those of each state meet by themselves, in their own state, 
on the first Wednesday of December, and vote for president 
and vice-president; and make a list of the persons voted for, 
and the number of votc3 for each; which list is sent to the 
president of the senate, at the seat of the government of the 
United States, before the first of January. On the second 
Wednesday of February, the president of the senate, in the 
presence of all the senators and representatives, opens all 
the certificates, and the votes are counted. The person 
having a majority of all the electoral votes for president, is 
elected. 

§ 6. But a person may have the highest number, that is, 
a plurality, of the electoral votes, without having a majority. 
Suppose that at the next presidential election there should be 
three candidates for the office of president, and that of the 
275 electoral votes, (there being at present 275 members of 
congress in both houses,) one candidate should receive 100 
votes, another 90, and the other 85. Now a majority, that 
is, more than one half of the whole number, cannot be less 
than 138 ; consequently neither would be elected. 

§ 7. If no person has a majority of the electoral votes, 
the house of representatives must choose the president from 
those candidates, not exceeding three, who had the highest 
number of the electoral votes. But in so doing, the members 
do not all vote together, as wh tng bills ; but those of 

each state vote by themselves ; and the candidate who re- 
ceives the votes of a majority of the representatives of a 

, . _ . : . 

the presidential electors chosen ? § 5. How, where, and when, do they 
meet to vote for president ? To whom do they send the list of votes ? 
When, where, and before whom, are the votes from all the states counted ? 
$6. What is the difference between a plurality and a majority of votes ? 
$ 1. When no candidate haa a majority, how' is the president elected I 



OF THE EXECUTIVE DEPARTMENT. 165 

state, has but one vote for each such majority ; from which 
it appears, that there are only ar, many presidential votes as 
there are states ; and the person who receives the votes of a 
majority of the states, is elected. 

§ 8. If there is no election of vice president by the elec- 
tors, the senate, in a body, chooses one from the two having 
the highest numbers of the electoral votes. The person re- 
ceiving the votes o^ a majority of the whole number of sen- 
ators, is vice-president, 

§ 9. The president and vice-president go into office on the 
4th day of March next a/ter the election, and end their term 
on the 3d day of March, four years thereafter ; the same 
days of the same month on which senators every six years, 
and representatives every two years, commence and end 
their regular term%of office. 

§ 10. The powers and duties of the president are nume- 
rous, and some of them very important. They are, in their 
nature, much the same as those of the governor of a state. 
They will be found mentioned in the constitution, article 2, 
§2,3. 

§ 11. The president has a salary of $25,000 a year. 
Some think this too much. But the expenses of a president 
are necessarily very great. It is believed that no president 
has ever been able to lay up a large portion of his salary. 
The vice president receives $5,000 a year. His principal 
duty is to preside in the senate. 



CHAPTER XL VI. 

Of the subordinate Executive Departments. 

§ 1. The general executive business of the nation, except- 
ing what is done by the president in person, is performed in 

How does the house vote \ § 8. How is the vice-president elected when 
no person has a m jority of the electoral votes ? <> 9. When do the presi- 
dent and vice-president begin and end their official terms ? When do 
senators and representatives ? $ 10. What is said of the president's powers 
and duties? $11. What is the salary pci the president? Of the vice- 
president ? 
$ 1. Name the heads of the several executive departments. What are 



]fc"' 



166 GOVERNMENT OF TEE UNITED STATES. 

the several executive departments, of which the following' 
are the head officers : the secretary of state, the secretary 
of the treasury, the secretary of war, the secretary of the 
navy, the attorney -general, and the postmaster- general. 
These officers are consulted by the president, on important 
public matters; and hence they are called "the cabinet." 
They are appointed by the president and senate. 

§ 2. The secretary of state performs many duties similar 
to those of a secretary of a state government. Besides these, 
he transacts much of the business with foreign countries. 
If the president has instructions to give to our public minis- 
ters abroad, these instructions are communicated by the se- 
cretary of state; and he also conducts the correspondence, 
and transacts the business io be done, with the ministers ol 
foreign countries residing here. » 

§ 3. The salary of the secretary of state is $6,000 a year"; 
that of his chief clerk, $2,000. The business of granting 
patents for new inventions is done in this department, by a 
commissioner of 'patents, under the direction of the secretary. 
The commissioner receives $3,000 a year ; his chief clerk, 
$1,700. 

§ 4. The secretary of the treasury conducts the financial 
affairs of the government. His duties are nearly the same 
as those of the comptroller of the state of New York. There 
are, in this department, two comptrollers and five auditors, to 
examine and settle the public accounts, and collect the debts 
d'ue the United States ; a treasurer to keep and pay out the 
money ; a register, who keeps accounts of the goods imported 
and exported, and of the shipping employed in our foreigr 
trade. ; a solicitor; and a commissioner of the land-office. 

§ 5. The salary of the secretary of the treasury is 
$6,000; that of his chief clerk, $2,000; other officers re- 
ceive as follows : solicitor of the treasury, $3,500 ; his chief 
clerk, $1,150 ; 1st comptroller, $3,500 ; chief clerk, $1,700 ; 
2d comptroller, auditors, treasurer, and register, each 
$3,000 ; chief clerk of each, $1,700 ; commissioner of land- 

they sometimes called ? How appointed ? § 2. What are the duties of the 
secretary of state ? § 3. What is his salary ? That of his chief clerk ? Of 
the commissioner of patents ? of his chief clerk I § 4. What is the business 
of the secretary of me treasury ? Of the comptrollers, auditors, treasurer, 
aod register ? $ 5. What is the secretary's salary ? The salaries of the 



OF THE EXECUTIVE DEPARTMENT. 107 

office, $3,000 ; solicitor, $2,000 ; three clerks, each $1,800 ; 
a recorder and secretary, each $1,500. 

§ 6. The business of the secretary of war relates to the 
military affairs of the United States, and to Indian affairs. 
The nation supports what is called a standing army, which 
consists, at present, of about 9,000 armed men, stationed in 
different parts of the United States, and ready for service 
when wanted. The salary of the secretary is $0,000 ; that 
of his chief clerk is $2,000. Several under officers receive 
some $2,500. others $3,000, and their chief clerks from 
$7 00 to $1,700 each. 

§ 7. The secretary of the navy superintends the business 
relating to the navy. A navy is the fleet, or ships of war, 
which a nation keeps to defend itself in time of war, and to 
protect the trade of its citizens on the high seas in time of 
peace. The salary of the secretary is $6,000, his chief clerk 
hab $2,000 ; three navy commissioners, each $3,500 ; their 
secretary $2,000; and" a chief clerk, $1,600. 

§ 8. The attorney -general prosecutes and conducts all suits 
in the supreme court in which the United States are con- 
cerned, and gives his advice upon questions of law, when 
requested by the president or heads of departments. His 
salary is $4,000 

§ 9. The postmaster-general establishes post-offices, ap- 
points postmasters and provides for carrying the mails. The 
business of this department is very extensive. There is a 
postmaster in almost every town in the union ; in some towns 
there are several. Letters and pampers are sent by mail to 
the most distant parts of the United States in a few days. 

§ 10. IJvery postmaster is required to keep an account of 
all the letters sent from and received at his office, and of the 
names of the offices to which sent, and from which received ; 
and also the letters on which the postage was paid when 
mailed, and on which it was unpaid, and of those which are 
sent free of postage : and at the end of every quarter such 

other officers ? And of their clerks ? § 6. What is the business of the war 
department ? What is said of the army ? What is the secretary's salary ? 
The salaries of other officers and their clerk? ? § 7. What does the secretary 
of the navy do ? What is a na.vy I Secretary's salary ? His chief clerk's ? 
Salaries of the three navy commissioners ? Of their secretary and clerks? 
i- 8. What is the business of the attorney-general ? His salary ? $ 9. What 
are the principal duties of the postmaster-general ? $ 10. What is required 



168 



GOVERNMENT OF THE UNITED STATES. 



account is sent to the postmaster-general, together with a 
statement of all moneys received for postage and paid out 
by each postmaster. All letters which were advertised as 
remaining in his office at the end of the preceding quarter, 
and which still remain in the office, are put up in a package, 
and sent to the general post-office, where they are opened, 
and, if found to contain any thing of sufficient importance 
are returned by mail to the writers of them. 

§ 11. The returns thus made to the postmaster- general 
are all examined, to see whether they are correct or not 
The examination of the account of every postmaster in the 
union, the making of contracts for carrying mails on all the 
post-roads, and a variety of other business, require the labor 
of a great number of assistants and clerks. 

§ 12. Postmasters; civil officers at the seat of govern- 
ment ; and members of congress from sixty days before the 
commencement of the first session of the term for which they 
are elected, until the commencement of the first session of 
the next congress, may, to a limited extent, receive and 
send letters and papers free of postage, by franking them ; 
which is done by writing their names and offices on the 
outside. Attempts have been made to reduce the present 
rates of postage ; and as it is probable that a reduction will 
soon be made, the rates are omitted. 

§ 13. The number of post offices in the union is about 
13,000. The length of post-roads over which the mail was 
carried during the year ending June 30, 1842, was 149,732 
miles ; the number of miles of mail carriage was 34,835,991 ; 
the whole amount received for postages and fines, $4,546,246 ; 
and the whole amount paid for transporting the mail, with 
other expenses incurred during the year, $4,235,052. 

§ 14. The salary of the postmaster-general is $6,000 ; 
three assistants receive $2,500 each ; and the auditor 
receives $3,000. Postmasters receive for their services, a 
certain rate per cent, on the money received by them at 
their respective offices. This per centage varies, however, 
being greater or less when the amount of postages for each 
quarter is over or under a certain sum. 

of the deputy postmasters ? § 12. What is franking ? Who has this privi- 
lege ? How is it done ? § 13 How many post-offices in the United States % 
Give the statistics of the year 1812. § 14. What are the salaries of thd 



OF THE JUDICIAL DEPARTMENT. 169 

§ 15. All the secretaries and postmaster-general, except 
the secretary of the treasury, report annually to the presi- 
dent, who lays their reports before congress. The secretary 
of the treasury reports directly to congress. 



CHAPTER XL VII. 



Of the Judicial Department. 

§ 1. As has been stated, there was, before the adoption 
of the constitution, no established national judiciary. The 
necessity of such a tribunal to decide disputes between states, 
and other matters of a national character, having become 
apparent, power was given to congress to establish national 
courts. (See Cons. Art. 1, § 8; Art. 3, § 1.) 

§ 2. It is proper that all cases arising between citizens of 
the same state, as well as all crimes committed against its 
laws, should be tried by the courts of the state. But when 
cases arise under the laws of the United States, or between 
different states, or citizens of different states ; or when crimes 
are committed on the ocean, or elsewhere beyond the juris- 
diction of a state, it is evident that some other than a state 
court ought to try such cases. For example, if a person 
should violate the laws of congress made for the collection 
of duties on goods imported, he must be prosecuted in a court 
of the United States. So a murder committed at sea, beyond 
the limits of a state, is properly tried in a national court. 
Piracy, which is robbery on the high seas, is always tried 
in such court. And so all other cases mentioned in article 
2, section 2, of the constitution. 

§ 3. The lowest national courts are the district courts. 
Every state constitutes at least one district ; a few of the 
large states, two each. In each district is a judge, who has 
power to hold a court. Tnere are also in each district a 

postmaster-general and h ; s under officers ? What is the compensation of 
deputy postmasters? § 15. To whom do the heads of departments report? 
$ 1. What is the object of having national court?? §2. What aro 
some of the cases that properly come before these courts ? What is piracy % 
$ 3. Which are the lowest national courts \ What constitutes a district ? 






170 GOVERNMENT OF THE UNITED STATES. 

district attorney to attend to suits on the part of the United 
Staltes, and a marshal, whose duties in this court are like 
those of a sheriff in state courts. This court has four stated 
terms a year. It tries certain kinds of civil cases, and the 
lower crimes against the laws of the United States 

§ 4. The circuits embrace larger territories than the 
districts. There are nine circuits in the United States, each 
including several states. In each there is a circuit judge, 
who holds a court in his circuit twice a year. The judge 
of the district within which the court is held, sits with the 
circuit judge in holding a circuit court. Besides certain 
kinds of civil causes, this court tries the highest crimes 
against the laws of the United States; as murder within 
forts, arsenals, and other territory, the property of the United 
States, or on the high seas. 

§ 5. The supreme court consists of all the judges of the 
circuit courts, one of whom is the chief justice of the supreme 
court. There are but few causes which originate or com- 
mence in this court; its principal business is to rejudge 
cases that are brought up from the circuit courts. It holds 
one session annually, at the seat of government, commen- 
cing on the second Monday of January, and continuing about 
eight weeks. 

§ 6. One important object of a supreme court of the 
United States, is, that a uniform meaning or interpretation 
may be given to the constitution and laws of the United 
States. One court may decide a law to be constitutional ; 
another may declare it to be unconstitutional. In one state 
the constitution may be taken to mean one thing ; in another 
quite another thing. But when a case comes before the 
supreme court, and is there decided, such decision governs 
the judgment of all inferior courts thoughout the union. 

§ 7. All judges of the United States' courts are appointed 
by the president and senate, and hold their offices for life, 
or during good behavior. The salary of the chief justice is 
$5,000; that of the associate jfedges, $4,500 each. 

What cases does this court try ? § 4. Of what territory are the circuits 
composed ? How many circuits are there \ Who hold the circuit courts ? 
What cases do they try ? $ 5. How is the supreme court constituted ? 
What is its business ? Where and when does it meet ? § 6. What is one 
important advantage of this court ? %1. How are all United States' judges 
appointed I What are the sala r ies of the judges of the supreme court ? 



OF THE GENERAL GOVERNMENT. \J\ 

CHAPTER XL VIII. 

Of the Powers of the General Government. 

§ 1. Most of the important powers of the government of 
the United States, are vested in congress, and will be found 
enumerated in the 1st article, and 8th section, of the constitution. 
Perhaps the want of none of these powers was so sensibly felt 
under the confederation, as the first three here mentioned ; 
and it is probably for this reason that they were plaqed at 
the beginning of the list. 

§ 2. The first of these is the power "to lay and collect 
taxes, duties, imposts and excises ; " and the objects of this 
power are declared to be, " to pay the debts, and provide for 
the common defence and general welfare of the United 
States." 

§ 3. Congress had been obliged to borrow large sums of 
•honey to defray the expenses of the war. Several millions 
were borrowed from France and Holland. But congress had 
no power, as has been observed, to raise money by taxation. 
The government could not pay its debts, nor support itself. 
But by the power here given, it may raise money to any 
amount necessary for the objects stated in the constitution. 
And it may raise the money either by direct taxation, that is, 
by laying the tax directly upon the property of the citizens, 
or by indirect taxation, which is by duties, imposts, and ex- 
cises. 

§ 4. The nature of duties has been explained. (See du- 
ties.) Duties or customs, and imposts, have nearly the same 
meaning. The last, however, are properly taxes on goods 
imported only ; the first apply to taxes on goods exported as 
well as on those imported. But as our government does not 
impose duties on exports, these three words practically signify 
the same thing. But excise has no reference at all to the 
exportation or importation of goods ; it is a tax laid upon an 
article manufactured, sold, or consumed, within the country. 

$ 1. What three powers of congress are first mentioned ? % 2. Which is 
the first ? § 3. Why was this power necessary when the constitution was 
framed ? What is direct taxation i Indirect taxation \ % 4. What is tha 



172 GOVERNMENT OF THE UNITED STATES. 

Such, for example, is the duty paid by keepers of taverns 
and groceries for the privilege of selling liquors. 

§ 5. Notwithstanding congress has power to raise money 
by taxation in several ways, it has seldom been found neces- 
sary to exercise it in any other way than by laying duties 
on foreign goods, and on the vessels in which they were 
imported. How effectual this mode of taxation has been, 
will appear from the following facts: 

§ 6. At the close of the revolutionary war, the national 
debt amounted to $42,000,000, on which congress could not 
so much as pay the interest. Two years after the constitu- 
tion went into effect, the debt had risen to $75,000,000 ; in 
1804, to $86,000,000. From that time it gradually dimin- 
ished until the commencement of the late war, in 1812, 
when it was reduced to $45,000,000. By that war, the 
debt was again increased, being in 1816, $127, 000,000. 

§ 7. Now the raising of so large a sum by a direct tax, 
would have been very oppressive. Wherefore congress ex- 
ercised its power of taxation almost exclusively in laying 
duties on imports; and from the revenue thus raised, not 
only have the yearly expenses, of the government been 
defrayed, but this vast national debt has long since been 
paid, besides leaving in the treasury a large surplus, which 
has been distributed among the states, and loaned out to the 
citizens. 

f § 8. Equally necessary is the power next mentioned, "to 
borrow money on the credit of the United States." Large 
sums of money are sometimes wanted to pay a debt before 
they can be raised from the revenues or regular income of 
the nation ; and sometimes immediately, as in case of war. 
in such case, congress must tax the people, or borrow the 
money. But who would lend the government, if it had not 
the means of paying ? 

§ 9. Here, then, we see the utility of both these powers. 
Capitalists are now willing to lend their money to the govern- 
ment, because, if other means' of paying its debts should be 
insufficient, it has power to raise the money by direct 
taxation. 

difference between duties and imposts ? What is an excise ? % 5, Hava 
direct taxes been often laid ? % 6. State the amount of the national debt at 
«ach period here mentioned. % 7. By what means has this debt been paid I 



OF TIIE GENERAL GOVERNMENT. 178 

§10. The power " to regulate commerce with foreign na 
tions," which is next in the list, seems to be, in a measure, 
connected with the first, " to lay duties. " It will be remem- 
bered that, before the war of the revolution, the colonies were 
dependent on Great Britain for manufactured goods. By the 
war, trade with that country was interrupted. But when 
peace was restored, the British again sent their goods into 
this country ; but they levied heavy duties upon American 
produce and American vessels coming into their ports, with 
the view of so raising the price of foreign agricultural pro- 
ducts, as to compel her citizens to buy those of their own 
country. Thus was the trade of the two countries placed 
on an unequal footing. We wanted English goods, but Eng- 
land would not take the produce o^ our labor in exchange, 
without subjecting it to heavy duties. 

§11. Hence, some regulations concerning foreign trade 
became necessary. Congress had not the power to regulate 
commerce ; it belonged to the states. But the states, acting 
separately, were unable to effect the object desired ; they 
could not agree upon any system of measures. A change 
in the government must be made before the evil could be re- 
medied. And we learn from the history of that day, that, to 
give to the general government power to regulate trade was 
one of the principal causes, perhaps the more immediate 
cause, of calling the convention that framed the constitution. 

§ 12. It has just been remarked, that the two powers, " to 
lay duties," and " to regulate commerce," are nearly allied. 
Indeed, the former has been used to carry into effect the in- 
tentions of the latter. The first law but one, passed by the 
first congress under the constitution, authorized "duties to be 
laid on goods, wares, and merchandises, imported," and for 
purposes, one of which was declared to be, " the encourage- 
ment and protection of domestic manufactures." England 
having by her regulations of trade encouraged the supplying 
n? her own people with provisions, congress intended, by lay- 
ing duties upon foreign goods, to encourage the manufacture 
of similar goods at home. 

$ 8, 9. Why is the power to borrow money necessary ? § 10. What power 
is next mentioned ? What 13 said about our trade with Great Britain ? 
$11. What then became necessary? Why could they not be made! 
"What did this lead to \ $ 12. What law wa3 passod by the first congress 



174 GOVERNMENT OF THE UNITED STATES. 

§13. Whether this is a wise measure for regulating the 
commerce of a nation, is a question in political economy, 
upon which statesmen differ ; one which it is not the design 
of this work to discuss. The above facts are given simply 
to explain the objects and use of the power to regulate fo- 
reign commerce. 

§ 14. Congress has power, also, to regulate commerce 
" among the several states." Without this power, each state 
might adopt regulations favorable to its own citizens, and in- 
jurious to the people of other states. This was actually 
done under the confederation ; and to restore and preserve 
harmony, and to secure equal justice to the citizens of all 
the states, which could" be done only by one uniform system 
for the whole, this power v/as given to the general , govern- 
ment. 

§ 15. Under the power to regulate commerce, congress 
has also made navigation laws, or laws relating to the ship- 
ping of the nation. These laws require vessels to be mea- 
sured, to ascertain how much they hold ; and prescribe the 
manner in which they are enrolled or registered, and licensed, 
and in which they are to enter and leave the ports, and the 
duties of the masters of vessels, declaring what papers 
they are to carry, &e. 

§ 16. These regulations are especially necessary for the 
collection of the revenue arising from foreign commerce. 
There is, in every port of entry, a collector of customs, who 
superintends the collection of duties. When a vessel ar- 
rives, it is submitted, with the cargo, and all papers and in- 
voices, to the inspection of the proper officers ; and the goods 
subject to duty are all weighed or measured, and the duties 
estimated according to law. 

§ 17. On some articles a specific duty is charged, which 
is a*duty of so much a pound, yard, or gallon ; as, two cents 
on a pound of iron, or fifty cents on a yard of cloth. Others 
are charged with an ad valorem duty, which means a duty 

under the constitution? What was one of the objects of this law? .§14. 
What other commerce may congress regulate ? Why is this power neces- 
sary ? § 15. Under what power are navigation laws made ? What is 
navigation ? What do these laws require ? § 16. For what special purpose 
arc these regulations necessary ? What is done when a vessel comes into 
port ? What is a port ? § 17. What is a specific duty ? Ad valorem ? 



OF THE GENERAL GOVERNMENT. 175 

according to the value, being a certain per centage on the 
value of an article ; as forty per cent, on what costs 
one dollar, would be forty cents ; or thirty per cent, on ev- 
ery hundred dollars would be thirty dollars. In certain ca- 
ses, tonnage duties are charged, upon foreign vessels, at so 
much per ton of their measurement. 

§ 18. All this business requires a vast amount of labor. 
Nearly five hundred men are employed at the custom-house 
in the city- of New-York. The whole amount derived from 
customs in the United States, in 1842, was about $22,000,000. 
Besides this a considerable .sum was received into the 
treasury from the sale of public lands. These two sources 
produce nearly the whole revenue of the nation ; from which 
are paid the salaries of officers, and other expenses of the 
government. 



CHAPTER XLIX. 

Powers of the General Government, continued. 

§ 1. Another power given to congress, is the power "to 
establish a uniform rule of naturalization.*' It has already 
been stated, that foreigners, or aliens, are not entitled to the 
privileges of citizens till they become naturalized. Before 
the constitution was adopted, every state established its own 
rules for naturalizing foreigners. But as a person, on being 
made a citizen in any state, becomes a citizen of the United 
States, it is evident that there should be but one rule of 
naturalization. 

§ 2. An alien must have lived in the United States five 
years, before he can become a citizen. Two years before 
he is admitted as a citizen, he must declare, on oath, in 
writing, before a proper court, that he intends to become a 
citizen of the United States, and to renounce his allegiance 

Tonnage duty ? § 18. What is said of the custom-house business ? In the 
city oi New- York ? How much revenue is derived from customs ? For 
what purposes is the income of the nation expended ? 

^ 1. What is naturalization? Why should this power be in congress? 
$ 2. How soon mav an alien become naturalized ? What is the rule of 



176 GOVERNMENT OF THE UNITED STATES. 

to his former government ; and he must declare, on oath, that 
he will support the constitution of the United States. Then, 
two years thereafter, the court, if satisfied as to his moral 
character and his attachment to the constitution, may admit 
him as a citizen. 

§ 3. On his being naturalized, a man's minor children, if 
dwelling in the United Slates, also become citizens. If a 
man has lived at least three years in the United States before 
he becomes of age, he may, at the expiration of the five years' 
residence, be admitted by the court, without having previously 
made a declaration of his intention to become a citizen. 

§ 4. The power "to coin money and regulate the value 
thereof," is properly given to congress. Formerly the 
system of reckoning was by pounds, shillings, and pence; 
the value of which was different in different states. For instance 
in the New-England states, six shillings make a dollar, in 
New-York eight, in Pennsylvania seven shillings and six- 
pence. This rendered dealing between the people of 
different states quite inconvenient. The. present decimal 
mode of calculation, in dollars and cents, established by 
congress, together with the use of decimal coins, has removed 
the former inconvenience. 

§ 5. Money is coined nf the mint, which is in Philadelphia. 
The business of coining is under the superintendence of a 
director. The gold and silver, before it is coined, is called 
bullion. Individuals, as well as the government, may get 
money coined at the mint. Six principal men employed in ' 
the mint, receive salaries of $1,000 to $2,000 each. Gold 
and silver are also coined at New-Orleans; and gold, to 
some extent, is coined at some place in North Carolina, and 
at another in Georgia. 

§ 6. Another power of congress is " to promote the progress 
of science and useful arts." Sciences and arts are much 
aided by new books and new inventions. But if eveiy 
body had the privilege of printing and selling every new 
book or other writing, and of reaping equal benefits from 

naturalization \ § 3. How do children become citizens ? In what case 
may persons be adnrtted as citizens, without first declaring their intention 
to become such ? § 4. What were the inconveniences suffered from the 
old system of reckoning ? How have they been removed ? % 5. Where is 
money coined ? What is bullion \ § 6. What is the object of the power 



OF THE GENERAL GOVERNMENT. 177 

every new invention or discovery, there would be loss en- 
couragement for men of ability and gen i up to spend their 
time and money in preparing now works for the public. 

§ 7. Congress has therefore passed* an act by which an 
author may get, tor his writings, a copy-right, by which all 
other persons are prohibited, for twenty-eight years, from 
printing or publishing the same without the proprietor's con- 
sent. And the proprietor may, at the expiration of that 
tune, get the right renewed for fourteen years longer. 
Vatents for new inventions are granted for fourteen years; 
and may be renewed for a farther term of seven years, if 
the inventor shall not have been reasonably rewarded. 

§ 8. The powers relating to war and the public defence, 
are also given to congress. It would be dangerous to allow 
a single state to make war ; and to depend on the slate 
governments to provide the means of prosecuting a war, 
had already been found to be unsafe. And as the people of 
all the states become involved in the calamity and expense 
of a war, the power to declare war ought to belong to the 
representatives of the whole nation. 

§ 9. So also the power "to grant letters of marque and 
reprisal." Letters of marque and reprisal give to persons 
injured by citizens of another nation, the liberty to seize the 
bodies or goods of any of the citizens of such nation, and 
detain them till the injury shall be repaired. It is not clear 
that such license ought ever to be given. But the power to 
grant it ought to be vested in congress, if any where. 

§10. Congress has power i; to exercise exclusive legis- 
lation," (that is, congress only, has the power to make laws,) 
over the District of Columbia, in which is the seat of govern- 
ment. The Ci ten miles square," as appears from the 
language of the clause, was not yet in possession of the 
national government; but it was in contemplation, by the 
states of Maryland and Virginia, to cede it to the United States 
for the purpose mentioned. As it is the property of the 

to promote the progress of science and useful art3? § 7. What privilege 
doe3 a copy-right give to an author or proprietor of a book or other writing ? 
What privilege does a patent confer upon an inventor ? § 8. For what rea- 
sons is the power given to congress to declare war, and provide for the de- 
fence of the nation ? $ 9. What are letters of marque and reprisal ? $ 10. 
Over what territory mav congress exercise exclusive legislation $ What is 
12 



178 GOVERNMENT OF THE UNITED STATES. 

nation, it is proper that congress alone should be allowed to 
make laws for the people therein. 

§ 11. A very essential power of the general government 
is the power "to make treaties." This power, however, is 
exercised by the president and senate. A treaty, is an 
agreement between two nations. Treaties are made to 
restore or preserve peace, and sometimes to regulate trade, 
between nations. It is plain, therefore, that this power ought 
to be in the national government ; and for wise reasons it is 
given to the president and senate alone. And for reasons 
equally strong, the power to appoint ambassadors and others, 
by whom treaties are negotiated, should be in the same hands. 
(See Con. Art. 2, § 2, clause 2.) 

§ 12. In making a treaty, the terms are arranged and 
agreed upon by the agents of the two governments ; and the 
articles of agreement are sent to their respective governments 
to be ratified. Hence, what is meant by the president and 
senate's making treaties, is their approving them, or giving 
them effect. Each civilized nation has some officer at home, 
and a representative at the seat of each foreign government, 
to transact business for his nation, and to keep his govern- 
ment advised of what is done abroad. There is, at the city 
of Washington, a minister from Great Britain, France Russia, 
and other foreign countries. The person who corresponds 
with them on the part of our government, is the secretary of 
state. And we also have a minister in each of those 
countries. 

§ 13. Representatives at foreign courts are differently 
styled, ambassadors, envoys, ministers, and charges d'af- 
faires. The duties of all these several agents are not 
always precisely the same. An envoy, and sometimes an 
ambassador, is sent on a special occasion, and returns when 
the particular business on which he was sent is done. The 
others reside abroad, and act in obedience to instructions sent 
them from time to time. Charges d'affaires are ministers of 
a lower grade. The name is French, and means a person 

meant by exclusive legislation ? What is here said of the district ? 
Where is the seat of government? §11. In whom is the power to make 
treaties vested ? What is a treaty ? § 12. Describe the manner of making 
treaties ? What practice of civilized nations is here spoken of? § 13. 
What are the names of the different foreign representatives ? In what da 






OF CONGRESS AND THE STATES. 179 

having charge of the affairs of his nation. Consuls reside 
in foreign seaports, as much of their business relates to the 
commercial intercourse between nations, and is done with 
masters of vessels and with merchants. 

§ 14. Ministers of the United States receive a salary of 
$9,000 a year ; charges d'affaires, $4,500 : and both re- 
ceive, besides, on going out of the United States, an outfit, 
equal to a year's salary. 



CHAPTER L. 

Powers prohibited to Congress and the States. 

§ 1. While the constitution gives many important powers 
to the general government, there are many things which it 
expressly declares shall not be done. (See Art. 1, § 9.) 

§ 2. " No bill of attainder or ex post facto law shall be 
passed." A bill of attainder is an act of the legislature, in- 
flicting the punishment of death upon a person pronounced 
guilty of some crime, without trial. If it inflicts a milder 
punishment, it is called a bill of pains and penalties. 

§ 3. An ex post facto law is, literally, a law which has ef- 
fect upon an act after it is done. But the phrase here means 
a law to punish, as a crime r an act that was lawful when it 
was done. Thus, if a law should be passed, by which a 
man should suffer death for an act of justifiable homicide, 
committed before the law was made, such would be an ex post 
facto law. A law is also an ex post facto law that inflicts 
a more severe penalty for an unlawful act, than was imposed 
for such offence when committed. Thus, if a law were pass- 
ed to-day, requiring that men now awaiting trial for petit 
larceny heretofore committed, should, on conviction, suffer 
death, or imprisonment in state prison, the law would be ex 
post facto. 

§ 4. " No capitation or other direct tax shall be laid, un- 

their duties differ \ What is a charge d'affaires! Why do consuls reside 
m sea-ports? $ 14. What is the compensation of ministers, &c. 

$ 2. What laws shall congress not pass ? Define bill of attainder. § 3. 
What is an ex post facto law * $ 4. What is a capitation tax ? $ 5. Wha 



180 GOVERNMENT OF THE UNITED STATES. 

" less in proportion to the census or enumeration herein be- 
44 fore directed to be taken." (Cons. Art. 1, § 9.) The 
word capitation is derived from the same Latin word as cap- 
ital, which has been defined. It is a tax of so much upon 
every head, or poll, without respect to property ; hence it is 
usually called a poll-tax. Taxes of this kind are not laid 
W this country. A portion of the highway labor, as we have 
seen, is thus assessed. 

§ 5. " No attainder of treason shall work corruption of 
" blood, or forfeiture, except during the life of the person at- 
" tainted." (Cons. Art. 3, § 3, cl. 2.) To the young reader 
this sentence may need explanation. Literally, attainder 
means a taint, or staining, or corruption ; but it here signi- 
fies the same as judgment, or conviction. By the common 
law, the stain of treason was made to affect the blood of the 
traitor, so that he could neither inherit property himself, nor 
could his heirs inherit from him ; but his whole estate was 
forfeited. The constitution properly abolishes a law by 
which the innocent were made to suffer for the crimes of 
others. 

§ 6. Besides corruption of blood and forfeiture, the man- 
ner of inflicting the punishment was most disgraceful and 
inhuman. The offender was drawn to the gallows on a hur- 
dle ; hanged by the neck, and cut down alive ; his entrails 
taken out and burned while he was yet alive ; his head cut 
off; and his body quartered. Power being given to congress, 
in the clause above referred to, " to declare the punishment 
of treason,' 5 congress has abolished this barbarous practice. 
Hanging, simply, is the punishment. 

§ 7. Not congress only, but the states also, are properly 
prohibited from doing certain acts. (See Art. 1, § 10.) One 
of the things there forbidden is, to " make any thing but gold 
i; and silver coin a tender in payment of debts." This 
means that no person shall be compelled to take, inpayment 
of a debt owing to him, any thing tendered or offered to him, 
but gold and silver coin. 

§ 8. Both during and after the war, a large amount ol 

is here meant by attainder of treason ? Corruption of blood ? $ 6. How 
was punishment for treason formerly inflicted ? $ 7. The states shall not 
make any thing but coin a tender in payment of debts : what does this 
m&m X i 8. W hat is here meant by bills of credit % What in particular 



OF CONGRESS AND THE STATES 181 

paper money, almost worthless, was put in circulation ; and 
by some of the states, this money was declared to be a ten- 
der. Hence the propriety of this prohibition. But the con- 
stitution goes farther, and says, (in the same clause,) that no 
state shall u emit bills of credit ; " that is, issue paper money 
on the credit of the state. Bank bills, it will be remembered, 
are not issued by the state, but by banking companies.. 

§ 9. Most of the other things here forbidden to the states, 
congress has the power to do ; and it would be improper to 
give these powers to both. Indeed, they were given to the 
general government, for the very reason that it was not ex- 
pedient that they should be exercised by the states. 

§ 10. Constitutions properly contain some provision for 
amending them, in case it may become necessary. The mode 
of amending the constitution of the United States, is pre- 
scribed in the 5th article. (Examine the article.) To get 
a majority of two-thirds of congress or of the states to pro- 
pose amendments, and then to get the proposed amendments 
ratified, either by the legislatures of three-fourths of the 
states, or by conventions in three-fourths of them, is very dif- 
ficult. This is right. If the constitution could be altered 
by a bare majority, there would be danger of its being too 
frequently altered — sometimes, perhaps, for the worse. 

§ 11. By the 2d clause of the 6th article, the constitution, 
and the laws and treaties made under it, are declared to be 
binding above all state constitutions and laws. If it were 
not so — if all state authorities were not bound by the con- 
stitution of the United States, it would be good for nothing ; 
there might as well be no general government at all. Any 
law, therefore, which is decided by a competent court to be 
contrary to the constitution, is void. 

§ 12. By the last article, the constitution was to go into 
effect, when ratified by conventions of delegates of nine 
states, which was then a majority of three- fourths of the 
states. As it was hardly to be expected that every state 
would immediately adopt it, it was not thought proper to risk 
the good of all upon an event so doubtful. 

induced the framers to forbid their being issued ? § 9. What are some of 
the other things forbidden to the states ? (See Constitution.) § 10. How 
are amendments to be made to the constitution ? $11. What is provided in 
the 2d clause of the 6th article of the constitution \ Why should the acts ot 



182 GOVERNMENT OF THE UNITED STATES. 

§ 13. The framers closed their labors in September, 1787 
and in July 1788, New Hampshire, the ninth state, sent its 
ratification to congress ; and congress appointed the first 
Wednesday of January, 1789, for choosing electors of pre- 
sident in the several states, and the first Wednesday of Feb- 
ruary for the electors to meet in their respective states to 
elect the president. Gen. Washington was unanimously 
chosen, and on the 30th of April, was inaugurated presi 
dent. Proceedings, however, commenced under the consti 
tution on the 4th of March, preceding. 

§ 14. In the foregoing sketch of the government of the 
United States, many provisions of the constitution have been 
passed over without remark. A note on every clause could 
not be given. The student who wishes to obtain a better 
knowledge of our national jurisprudence, is referred to the 
larger work of the author, entitled " Science of Govern- 
ment." 



CHAPTER LI. 

"Review and Conclusion. 



§ 1. From the view which has been given of the state 
and national governments, it must be seen how well they 
are adapted to promote the general welfare of the people, and to 
secure to them the blessings of liberty. Let us, by way of 
review, again advert to some of the leading features of our 
political system. 

§ 2. One of the excellencies of this system is the extent 
to which political rights and privileges are enjoyed. In the 
ancient democracies of Greece, where every freeman was 
a member of the legislature, political rights were enjoyed 
and exercised only by about one twentieth part of the male 
citizens of full age. In England and France, where one 

the general government be binding upon the state authorities % % 12. How 
was the constitution ratified 1 §13. When was it. finally ratified? and 
when was the government commenced under it ? Who was the first presi 
dent ? and when elected ? 
§ 2 To what extent was political power exercised in ancient Greece! 



REVIEW AND CONCLUSION. 183 

branch of the legislature is elective, a large portion of the 
people have no right to vote for their representatives. In 
the latter country, containing a population of nearly 35 
millions, there are only about half as many voters as in 
the state of New- York. 

§ 3. But in the greater portion of the United States, nearly 
all the white male citizens exercise the rights of freemen. 
They have a voice in choosing their constitution, and in 
electing the officers of the government. This is the funda- 
mental principle of republicanism, the highest privilege of 
freemen. 

§ 4. Another excellency of our government, and one 
that gives security to liberty, is the division of the civil 
power into legislative, executive, and judicial. If the persons 
who make the laws, should also have power to execute them 
and to judge of and apply them, the government, whatever 
it might be called, would be little better than a despotism. 
There would be too many different powers in the same hands. 
It has been found better to keep these several kinds of power 
separate. 

§ 5. Additional security is given to liberty by the peculiar 
nature of the union. This has been described. It differs from 
the unions that have heretofore existed. These were simple 
confederacies or leagues between sovereign states. The 
old American confederation was of this kind. By a 
sovereign state, we mean a state that makes all its own laws, 
and is controlled by no superior power. 

§ 6. The Swiss cantons are at present united in such a 
confederacy. They are sovereign states ; and as in all 
mere confederations, each canton has an equal vote in the 
congress. The principal German states are similarly united; 
some of which are republican, and others monarchical. 

§ 7. But the states of the American union are not wholly 
sovereign. They have, for the good of the whole, given up 
a portion of their sovereignty to the general government, 
which, in some cases, controls the state governments. If 
the states were entirely sovereign, they could establish any 

What is said of the right of suffrage in England and France % % 3. What 
is said of the same in the United States \ % 4. What division of civil pow- 
er gives security to liberty ? §5. What else increases this security \ What 
is a sovereign state ? % 6. What is said of the Swiss and German confede- 



184 GOVERNMENT OF THE UNITED STATES. 

kind of government. But by the constitution, the general 
government has power, and is bound, to prevent any state 
from changing its government to any other than a republican 
form. (Art. 4, § 4.) 

§8. In the progress of this work, the government of the 
United States has frequently been called the national govern- 
ment; but it is not wholly national. To have an idea 
of a government purely national, we must suppose the people 
united in one great government, with only one legis- 
lature to make laws for the whole nation, one executive, 
and one judiciary. And in adopting a constitution, all the 
electors must vote directly for or against the proposed form, 
and a majority of all the votes must be necessary for its 
adoption, as when choosing a state constitution. 

§ 9. But it must be kept in mind that the state govern- 
ments existed first, and that the civil conduct of the citizens 
is regulated by the laws of the states. Although the general 
government, also, in some cases, acts directly upon individual 
citizens, and is superior to the state governments ; yet its 
powers extend only to certain objects, which powers are given 
to it by the people of the states : consequently all powers 
which the constitution does not grant to the general govern- 
ment, remain with the states and the people. 

§ 10. The government is therefore of a mixed nature, be- 
ing partly national and partly federal. Federal signifies 
united by a league or confederation, and implies that the 
members have equal power. Such was the character of 
the old confederation ; and some of its principles have .been 
retained in the constitution. 

§11. Under the former, all the states were equally repre- 
sented in the congress, the members of which were chosen 
by the state legislatures. So in the senate, the states are 
equally represented now ; and the senators are also appoint- 
ed by the state legislatures. So in the adoption of the consti- 
tution the states had an equal voice ; and so they must have in 
amending it. In these cases t\\efedei*al principle is preserved. 

rations? § 7. Are our states wholly sovereign? How, and to what ex- 
tent are they prevented from changing their governments ? § 8. What 
would be necessary to make the general government purely national ? § 9. 
By what law3 is the civil conduct of the citizens regulated ? Whence 
does the general government derive its powers ? § 10. What two princi- 
ples are combined in the general government \ What is federal ; § 11, 12 



REVIEW AND CONCLUSION. 185 

§ 12. Again: In electing a president by presidential elec- 
tors, each state having a number proportioned to its popula- 
tion, the election is upon the national principle. But if the 
election is to be made by the house of representatives, each 
state has an equal vote : this is according to the federal prin- 
ciple. Hence the government of the United States is some- 
times called the "federal government." 

§ 13. It may perhaps be asked : Why are so many gov- 
ernments necessary ? Why not dispense with the state gov- 
ernments, and let the people of the whole nation be united 
in one great national government, like that of a state ? Such 
l plan would be impracticable. A single government could 
not make all the laws necessary for so great a nation, no? 
manage its numerous affairs. Hence, the interests of large 
portions and of different classes of the people must be neg- 
lected. Complaints and grievances would spring up in eve- 
ry quarter, and the government could not satisfy or re- 
dress them ; and disorder and confusion would soon pre- 
vail throughout the republic, and perhaps result in bloodshed. 

§ 14. Thus we see that our liberties are best secured by 
having the national territory divided into portions of con- 
venient size, with a government in each, and by binding 
them together under a strong national government, which 
shall keep each of them within its own proper sphere. 

§ 15. How highly favored the people who live under such 
a government as that which we have described ! How dear 
should be the memory of those who achieved the independ- 
ence of these states, and established the system of govern. 
ment which has conveyed to us, their descendants, the bless- 
ings of civil and religious freedom ! And what a debt of 
gratitude is due to the Supreme Ruler of nations, for con- 
ducting a feeble and infant nation, through difficulties and 
dangers, to a state of unexampled prosperity and happiness ! 

§ 16. With our patriot fathers, the great object was, inde- 
pendence and liberty. With us let the question be, How 
shall our liberties be preserved? Whether the American 
people shall long continue to enjoy the blessings which our 

Wherein has the federal principle been retained ? % 13. Why might not 
the whole nation be under a single government ? %■ 14. How are our liber- 
ties best secured ? § 15. To whom are we indebted for all the blessings of 
good government \ $ 16. On what does the continuance of our liberti^ 



136 GOVERNMENT OF THE UNITED STATES. 

excellent constitution is capable of securing to them, depends 
upon what shall be the character and conduct of the people 
themselves, 

§ 17. A nation, to be prosperous and happy, must be vir- 
tuous. A community may live under a free constitution, 
and yet suffer all the evils of a despotism. The people may 
oe their own oppressors. Bad laws in a republican govern- 
ment, are no less oppressive than in any other. Where there 
is not virtue in the body politic, bad men will be elected to 
office, and bad laws will be made. 

§ 18. On the other hand, freedom may be enjoyed even 
in a monarchy. A wise and virtuous king will make good 
and wholesome laws ; and his subjects may as truly enjoy 
civil and religious liberty, as the citizens of a republic. 
Freedom exists really wherever the laws are good, and 
where they are properly administered and duly respected. 

§ 19. The people must also be intelligent. In general, 
the freedom and happiness of a nation are in proportion to 
its intelligence. If people are ignorant, they cannot gov- 
ern themselves. Indeed, they know not what their natural 
rights are. Besides, if they are not well informed, they are 
liable to be deceived by intriguing politicians, who seek power 
only to use it for selfish purposes. 

§ 20. Hence the necessity of vigilance also. As men in 
office are prone to abuse their power, they should be closely 
watched ; and as they are but the servants of the people, 
they should be called to account for improper conduct : and 
the people must not suffer party prejudice to blind them to the 
errors of their greatest favorites. 

§ 21. If, then, we would continue a free and happy peo- 
ple, we must be intelligent, virtuous, and vigilant. Our liber- 
ties may be preserved ; and they will be preserved, as long 
as the general diffusion of useful knowledge shall continue 
to be liberally encouraged, and the conduct of our citizens, 
in their social and political relations, shall be governed by re- 
ligious principle, and a genuine and enlightened patriotism. 

depend \ § 17, 18. What is necessary to the happiness and prosperity of a 
nation ? Can there be freedom in a monarchy ? Where does it exist ? 
§ 19. What are the effects <of ignorance, in a community % % 20. What is 
said in respect to the necessity of vigilance \ % 21. What, then, must be 
done 2 . 



APPENDIX. 



DECLARATION OF INDEPENDENCE. 

In Congress, July 4, 1776. 

THE Ul ANIMOUS DECLARATION OF THE THIRTEEN UNITED STATES 
OF AMERICA. 

Whi bc, in the course of human events, it becomes necessary for one 
people m) dissolve the political bands which have connected them with 
anothei, and to assume, among the powers of the earth, the separate and 
«qual sUtion to which the laws of nature and of nature's God entitle 
them, a decent respect to the opinions of mankind requires that they 
should declare the causes which impel them to the separation. 

We hold these truths to be self-evident: that all men are created 
equal, that they are endowed by their Creator with certain unalienable 
rights ; that among these are life, liberty, and the pursuit of happiness. 
That to secure these rights, governments are instituted among men, deri- 
ving their just powers from the consent of the governed ; that whenever 
any form of government becomes destructive of these ends, it is the right 
of the people to alter or to abolish it, and to institute a new government, 
laying its foundation on such principles, and organizing its powers in such 
form, as to them shall seem most likely to effect their safety and happi- 
ness. Prudence, indeed, will dictate, that governments long established 
-should not be changed for light and transient causes ; and accordingly all 
experience hath shown, that mankind are more disposed to suffer, while 
evils are sufferable, than to right themselves by abolishing the forms to 
which they are accustomed. But when a long train of abuses and usurpa- 
tions, pursuing invariably the same object, evinces a design to reduce 
them under absolute despotism, it is their right, it is their duty, to throw 
off such government, and to provide new guards for their future security. 
Such has been the patient sufferance of these colonies ; and such is now 
the necessity which constrains them to alter their former systems of govern- 
ment. The history of the present king of Great Britain is a history of 
repeated injuries and usurpations, all having in direct object the establish- 
ment of an absolute tyranny over these states. To prove this, let facts be 
submitted to a candid world. 

He has refused his assent to laws the most wholesome and necessary for 
the public good. 



H8 DBCLAEATION 

lie has forbidden hifl governors to pass la we of immediate and pressing 
importance, unless suspended in their operation, til] his assent should be 
obtained ; and when so suspended, he has utterly neglected to attend to 
theme N< has refused to pass other Jaws for the accommodation of large 
districts of people, unless 1 those people would relinquish the right of repre- 
sentation in ill*' legislature a righl inestimable to them, and formidable 
to tyrants only. 

iif lias called together legislative bodiei at places unusual, uncomforta- 
ble, and distant from the depository of their public records, for the stjt 
purpose ol fatiguing them into compliance with liis measures, 

Hr has dissolved representative house; repeatedly, for opposing, with 
manl} firmness, Ins in of the people. 

\]r has refused, for a long time alter such dissolutions, i<> oause others 
to be elected ; whereby the legislative powers incapable oi annihilation, 
have returned to the people at large, for their exercise; the state remain- 
ing, in the meantime, exposed to all the dangers <>l invasion from with- 
out, ami convulsions \\ ithin. 

He has endeavored i<> prevent the population of these states; for that. 
purpose obstructing the laws for naturalization of foreigners j refusing to 
pass others to encourage their migration hither, and raising the condition 
of new appropriations of lands. 

II. has obstructed the administration of justice, by refusing his assent 
to laws for establishing judiciarj powe 

He has made judges dependent <>u his will alone, for the tenure oi 

then offices, and the amount and payment of thei 

He has erected a multitude of new offices, and sent hither swarms oi 
officers, to harass our people, ami eai out their substance. 

fie has kept among usp in times of peace, standing armies, without 
the consent of our legislatures. 

He has affected to lender the military independent of, and superior to, 

the civil power. 

lie has combined with others to subject us to a jurisdiction foreign to 
our constitution) and unacknowledged l»y our laws, giving his assent to 
their acts of pretended legislation : 

For quartering large bodies of armed troop i among ns: 

For protecting them, by a mock trial, from punishment for any mur- 
ders which they should commit on the Inhabitants of these stales: 

For cutting oil' our trade with all parts of the world: 

For imposing taxes on us without our consent : 

For depriving us, in many cases, of the benefits <'l trial by jury: 
for transporting us beyond seas to he ,n< d lor pretended offences: 
For abolishing the free system of English laws m a neighboring pro- 
vince, establishing therein an arbitrary government, and enlarging its 

boundaries, so as to render it at once an example and lit instrument tor 

introducing the same absolute rule into these colonies: 
For taking away our charters, abolishing our most valuable laws, and 

altering, fundamentally, the forms of our governments: 

For suspending our own legislatures, and declaring the niselves invested 

with power to legislate lor us in all cases whatsoever! 



OF INDEPENDENCE. 189 

He has abdicated government here, by declaring us out of his protec- 
tion, and waging war against us. 

He has plundered our seas, ravaged our coasts, burnt our towns, and 
destroyed the lives of our people. 

He is at this time Transporting large armies of foreign mercenaries to 
complete the works of death, desolation and tyranny, already begun with 
circumstances of cruelty and perfidy, scarcely paralleled in the most 
barbarous ages, and totally unworthy the head of a civilized nation. 

He has constrained our fellow citizens, taken captive on the high seas, 
to bear arms against their country, to become the executioners of their 
friends and brethren, or to fall themselves by their hands. 

He has excited domestic insurrections among us, and has endeavored 
to bring on the inhabitants of our frontiers the merciless Indian savages, 
whose known rule of warfare is an undistinguished destruction of all 
ages, sexes and conditions. 

In every stage of these oppressions we have petitioned for redress in 
the most humble terms : our repeated petitions have been answered only 
by repeated injury. A prince, whose character is thus marked by every 
ict which may define a tyrant, is unfit to be the ruler of a free people. 

Nor have we been wanting in attentions to our British brethren. We 
have warned them, from time to time, of attempts by their legislature to 
extend an unwarrantable jurisdiction over us. We have reminded them 
*f the circumstances of our emigration and settlement here. We have 
appealed to their native justice and magnanimity, and we have conjured 
them by the ties of our common kindred to disavow these usurpations, 
which would inevitably interrupt our connexions and correspondence. 
They, too, have been deaf to the voice of justice and consanguinity. 
We must, therefore, acquiesce in the necessity which denounces our sepa- 
ration, and hold them, as we hold the rest of mankind — enemies in war, 
in peace, friends. • 

We, therefore, the representatives of the United States of America, 
in general congress assembled, appealing to the Supreme Judge of the 
world, for the rectitude of our intentions, do, in the name and by the 
authority, of the good people of these colonies, solemnly publish and de- 
clare, that these united colonies are, and of right ought to be, free and 
independent states ; that they are absolved from all allegiance to the 
British crown, and that all political connexion betw r een them and the 
state of Great Britain is, and ought to be, totally dissolved ; and that, 
as free and independent states, they have full power to levy war, conclude 
peace, contract alliances, establish commerce, and do all other acts and 
things which independent states may of right do. And for the support 
of the declaration, with a firm reliance on the protection of Divine 
Providence, we mutually pledge to each other our lives, our fortunes, and 
our sacred honor. 

JOHN HANCOCK, 
President of Congress, and 

Delegate from Massachusetts. 

New Hampshire . Josiah Bartlett, William Whipple, Matthew Thornton. 



190 DECLARATION OF INDEPENDENCE. 

Massachusetts Bay. Samuel Adams, John Adams, Robert Treat 
Paine, Elbridge Gerry. 

Rhode Island, 6jc. Stephen Hopkins, William Ellery. 

Connecticut. Roger Sherman, Samuel Huntington, William Wil- 
liams, Oliver Wolcott. 

New York. William Floyd, Philip Livingston, Francis Lewis, Lewis 
Morris. 

New Jersey. Richard Stockton, John Witherspoon, Francis Hopkin- 
son, John Hart, Abraham Clark. 

Pennsylvania. Robert Morris, Benjamin Rush, Benjamin Franklin, 
John Morton, George Clymer, James Smith, George Taylor, James Wil- 
son, George Ross. 

Delaware. Caesar Rodney, George Read, Thomas M'Kean. 

Maryland. Samuel Chase, William Paca, Thomas Stone, Charles 
Carroll, of Carrollton. 

Virginia. George Wythe, Richard Henry Lee, Thomas Jefferson, 
Benjamin Harrison, Thomas Nelson, Jr. Francis Lightfoot Lee, Cartel 
Braxton. 

North Carolina. William Hooper, Joseph Hewes, John Penn. 

South Carolina. Edward Rutledge, Thomas Heyward, Jr. Arthu» 
Middleton. 

Georgia. Button Gwinett, Lyman Hall, George Waltou. 

Attest, Charles Thompson, Secretary. 



CONSTITUTION OF THE STATE OF NEW YORK 



We, the people of the state of New York, acknowledging with grati- 
tude the grace and beneficence of God, in permitting us to make choice 
of our form of government, do establish this constitution. 

ARTICLE I. 

Section 1. The legislative power of this state shall be vested in a 
senate and assembly. 

Sec 2. The senate shall consist of thirty-two members. The sena- 
tors shall be chosen for four years, and shall be freeholders. The assem- 
bly shall consist of one hundred and twenty eight members, who shall be 
annually elected. 

Sec 3. A majority of each house shall constitute a quorum to do busi- 
ness. Each house shall determine the rules of its own proceedings, and 
be the judge of the qualifications of its own members. Each house 
shall choose its own officers ; and the senate shall choose a temporary 
president, when the lieutenant governor shall not attend as president, or 
shall act as governor. 

Sec 4. Each house shall keep a journal of its proceedings, and pub- 
lish the same, except such parts as may require secrecy. The doors of 
each house shall be kept open, except when the public welfare shall re- 
quire secrecy. Neither house shall, without the consent of the other, 
adjourn for more than two days. 

Sec 5. The state shall be divided into eight districts, each of which 
9hall choose four senators. 

The first district shall consist of the counties of Suffolk, Queens, 
Kings, Richmond and New York. 

The second district shall consist of the counties of Westchester, Put- 
nam, Dutchess, Rockland, Orange, Ulster and Sullivan. 

The third district shall consist of the counties of Greene, Columbia^ 
Albany, Rensselaer, Schoharie and Schenectady. 

The fourth district shall consist of the counties of Saratoga, Montgom- 
ery, Hamilton, Washington, Warren, Clinton, Essex, Franklin and St. 
Lawrence. 

The fifth district shall consist of the counties of Herkimer, Oneida, 
Madison, Oswego, Lewis and Jefferson. 

The sixth district shall consist of the counties of Delaware, Otsego, 
Chenango, Broome, Cortland, Tompkins and Tioga. 



192 CONSTITUTION OF 

The seventh district shall consist of the counties of Onondaga, Cay- 
uga, Seneca and Ontario. - - 

The eighth district shall consist of the counties of Steuben, Livingston, 
Monroe, Genesee, Niagara, Erie, Allegany, Cattaraugus and Chautauque. 

And as soon as the senate shall meet, after the first election to be held 
in pursuance of this constitution, they shall cause the senators to be di- 
vided by lot, into four classes, of eight in each, so that every district shall 
have one senator of each class : the classes to be numbered, one, two, 
three and four. And the seats of the first class shall be vacated at the 
end of the first year ; of the second class at the end of the second year ; 
of the third class at the end of the third year ; of the fourth class at the 
end of the fourth year ; in order that one senator be annually elected in 
each senate district. 

Sec 6. An enumeration of the inhabitants of the state shall be taken, 
under the direction of the legislature, in the year one thousand eight 
hundred and twenty-five, and at the end of every ten years thereafter ; 
and the said districts shall be so altered by the legislature, at the first 
session after the return of every enumeration, that each senate district 
shall contain, as nearly as may be, an equal number of inhabitants, ex- 
cluding aliens, paupers, and persons of color not taxed, and shall remain 
unaltered until the return of another enumeration, and shall at all times 
consist of contiguous territory ; and no county shall be divided in the 
formation of a senate district. ' 

Sec 7. The members of the assembly shall be chosen by counties, and 
shall be apportioned among the several counties of the state, as nearly 
as may be, according to the numbers of their respective inhabitants, exclud- 
ing aliens, paupers, and persons of color not taxed. An apportionment 
of members of assembly shall be made by the legislature, at its first ses- 
sion after the return of every enumeration ; and, When made, shall re- 
main unaltered until another enumeration shall have been taken. But 
an apportionment of members of the assembly shall be made by the present 
legislature according to the last enumeration, taken under authority oi 
the United States, as nearly as may be. Every county heretofore estab- 
lished, and separately organized, shall always be entitled to one member 
of assemby, and no new county shall hereafter be erected unless its pop- 
ulation shall enlitle it to a member. 

Sec 8. Any bill may originate in either house of the legislature ; and 
all bills passed by one house may be amended by the other. 

Sec 9. The members of the legislature shall receive for their services, 
a compensation to be ascertained by law, and paid out of the public 
treasury ; but no increase of the compensation shall take effect during 
the year in which it shall have been made. And no law shall be passed, 
increasing the compensation of the members of the legislature beyond the 
sum of three dollars a day. 

Sec 10. No member of the legislature shall receive any civil appoint- 
ment from the governor and senate, or from the legislature, during the 
term for which he shall have been elected. 

Sec. 11. No person being a member of congress, or holding any ju- 



THE STATE OF NEW YORK. 193 

dicial or military office under the United States, shall hold a seat in th<* 
legislature. And if any person shall, while a member of the legislature, 
be elected to congress, or appointed to any office, civil or military, under 
the government of the United States, his acceptance thereof shall vacate 
his seat. 

Sec 12. Every bill which shall have passed the senate and assembly, 
shall, before it become a law, be presented to the governor. If he ap- 
prove, he shall sign it ; but if not, he shall return it, with his objections, 
to that house in which it shall have originated ; who shall enter the ob- 
jections at large on their journal, and proceed to reconsider it. If after 
such reconsideration, two thirds of the members present shall agree to 
pass the bill, it shall be sent, together with the objections, to the other 
house, by which it shall likewise be reconsidered, and if approved by 
two thirds of the members present, it shall become a law. But in all 
such cases, the votes of both houses shall be determined by yeas and nays ; 
and the names of the persons voting for and against the bill, shall be en- 
tered on the journal of each house respectively. If any bill shall not fee 
returned by the governor within ten days (Sundays excepted) after it shall 
have been presented to him, the same shall be a law, in like manner as 
if he had signed it, unless the legislature shall, by their adjournment, pre- 
vent its return ; in which case it shall not be a law. 

Sec 13. All officers holding their offices during good behavior, may 
be removed by joint resolution of the houses of the legislature, if two 
thirds of all the members elected to the assembly, and a majority of all 
the members elected to the senate, concur therein. 

Sec 14. The political year shall begin on the first day of Janu- 
ary, and the legislature shall every year assemble on the first Tuesday of 
January, unless a different day shall be appointed by law. 

Sec 15. The next election for governor, lieutenant governor, senators 
and members of assembly, shall commence on the first Monday of No- 
vember, one thousand eight hundred and twenty-two ; and all subsequent 
elections shall be held at such time, in the month of October or Novem- 
ber, as the legislature shall by law provide. 

Sec 16. The governor, lieutenant governor, senators, and members of 
' assembly, first elected under this constitution, shall enter on the duties of 
their respective offices, on the first day of January, one thousand eight 
hundred and twenty-three ; and the governor, lieutenant governor, sena- 
tors and members of assembly, now in office, shall continue to hold the 
same until the first day of January, one thousand eight hundred and 
twenty-three, and no longer. 

ARTICLE II. 

Sec 1. Every male citizen of the age of twenty-one years, who shall 
have been an inhabitant of this state one year preceeding any election, 
and for the last six months a resident of the town or county where he 
may offer his vote ; and shall have, within the year next preceding the 
election, paid a tax to the state or county, assessed upon his real or per- 
sonal property ; or shall by law be exempted from taxation ; or being 
armed and equipped according to law, shall have performed, within that 

13 



1§4 CONSTITUTION OF 

year, military duty in the militia of this state ; or who shall be exempted 
from performing military duty in consequence of being a fireman in any 
city, town or village in this state : and also every male citizen of the age 
of twenty-one years, who shall have been, for three years next preceed- 
ing such election an inhabitant of this state ; and for the last year, a resi- 
dent in the town or county where he may offer his vote : and shall have 
been within the last year, assessed to labor on the public highways, and 
shall have performed the labor, or paid an equivalent therefor, according 
to law ; shall be entitled to vote in the town or ward where he actually 
resides, and not elsewhere, for all officers that now are, or hereafter may 
be, elective by the people. But no man of color, unless he shall have 
been for three years a citizen of this state, and for one year next preceed- 
ing any election, shall be seized and possessed of a freehold estate of the 
value of two hundred and fifty dollars, over and above all debts and in- 
cumbrances thereon; and shall have been actually rated, and paid a tax 
thereon, shall be entitled to vote at any such election. And no person oi 
color shall be subject to direct taxa tion, unless he shall be seized and pos- 
sessed of such real estate as aforesaid. 

Sec. 2. Laws may be passed, excluding from the right of suffrage, 
persons who have been or may be convicted of infamous crimes. 

Sec 3. Laws shall be made for ascertaining by proper proofs, the citi- 
zens who shall be entitled to the right of suffrage hereby established. 

Sec. 4. All elections by the citizens sball be by ballot, except for such 
town officers as may by law be directed to be otherwise chosen. 

ARTICLE III. 

Sec. 1. The executive power shall be vested in a governor. He shall; 
hold his office for two years ; and a lieutenant governor shall be chosen 
at the same time, and for the same term. 

Sec 2. No person except a native citizen of the United States, shall 
be eligible to the office of governor ; nor shall any person be eligible to 
that office, who shall not be a freeholder, and shall not have attained the 
age of thirty years, and have been five years a resident within this state; 
unless he shall have been absent during that time on public business of 
the United States, or of this state. 

Sec 3. The governor and lieutenant governor shall be elected at the 
times and places of choosing members of the legislature. The persons 
respectively having the highest number of votes for governor and lieu- 
tenant governor, shall be elected ; but in case two or more shall have an 
equal and the highest number of votes for governor or for lieutenant 
governor, the two houses of the legislature shall, by joint ballot, choose 
one of the said persons so having an equal and the highest number of 
votes for governor or lieutenant governor. 

Sec 4. The governor shall be general and commander in-chief of the 
militia, and admiral of the navy of the state. He shall have power to 
convene the legislature, (or senate only,) on extraordinary occasions. 
He shall communicate by message to the legislature at every session, the 
condition of the state ; and recommend such matters to them as he shall 
judge expedient. Ke shall transact all necessary business with the 



THE STATE OF NEW YORK. 195 

officers of government, civil and military. He shall expedite all such 
measures as may be resolved upon by the legislature, and take care that 
the law* are faithfully executed. He shall, at stated times, receive for 
his services a compensation, which shall neither be increased nor 
diminished during the term for which he shall have been elected. 

Sec. 5. The governor shall have power to grant reprieves and pardons 
after conviction for all offences, except treason and impeachment. Upon 
convictions for treason, he shall have power to suspend the execution 
of the sentence, until the case shall be reported to the legislature at 
its next meeting ; when the legislature shall either pardon or direct 
the execution of the criminal, or grant a further reprieve. 

Sec. 6. In case of the impeachment of the governor, or hi3 removal 
from office, death, resignation, or absence from the state, the powers 
and duties of the office shall devolve upon the lieutenant governor for 
the residue of the term, or until the governor, absent or impeached, 
shall return or be acquitted. But when the governor shall, with the 
consent of the legislature, be out of the state in time of war, at the 
head of the military force thereof, he shall continue commander-in- 
chief of the military force of the state. 

Sec. 7. The lieutenant governor shall be president of the senate, 
but shall have only a casting vote therein. If, during a vacancy of 
the office of governor, the lieutenant governor shall be impeached, dis- 
placed, resign, die, or be absent from the state, the president of the 
senate shall act as governor, until the vacancy shall be filled, or the 
disability shall cease. 

ARTICLE IV. 

Sec. 1. Militia officers shall be chosen or appointed as follows: 
captains, subalterns, and non-commissioned officers, shall be chosen 
by the written votes of the members of their respective companies. 
Field officers of regiments and separate battalions, by the written votes 
of the commissioned officers of the respective regiments and separate bat- 
talions. Major generals, brigadier generals, and commanding officers ot 
regiments or separate battalions, shall appoint the staff officers of their 
respective divisions, brigades, regiments or separate battalions. 

Sec 2. The governor shall nominate, and with the consent of the sen- 
ate, appoint, ail major generals, brigade inspectors, and chief of the staff 
departments, except the adjutant general and commissary general ; the 
adjutant general shall be appointed by the governor. 

Sec 3. The legislature shall, by law, direct the time and manner oi 
electing militia officers, and of certifying their election to the governor. 

Sec. 4. The commissioned officers of the militia shall be commissioned 
6y the governor ; and no commissioned officer shall be removed from of- 
fice, unless by the senate, on the recommendation of the governor, stating 
the grounds on which such removal is recommended, or by the deci- 
sion of the court martial pursuant to law. The present officers of the 
militia shall hold their commissions, subject to removal as before pro- 
vided. 

Sec. 5. In case the mode of election and appointment of militia officers 






196 



CONSTITUTION OF 






hereby directed, shall not be found conducive to the improvement of the 
militia, the legislature may abolish the same, and provide by law for 
their appointment and removal, if two thirds of the members present in 
each house shall concur therein. 

Sec 6. The secretary of state, comptroller, treasurer, attorney general, 
surveyor general, and commissary general, shall be appointed as follows : 
the senate and assembly shall each openly nominate one person for the said 
offices respectively ; after which, they shall meet together, and if they 
agree in their nominations, the person so nominated shall be appointed 
to the office for which he shall be nominated. If they shall disagree, the 
appointment shall be made by the joint ballot of the senators and mem- 
bers of assembly. The treasurer shall be chosen annually. The secre- 
tary of state, comptroller, attorney general, surveyor general, and commis- 
sary general, shall hold their offices for three years, unless sooner removed 
by concurrent resolution of the senate and assembly. 

Sec 7. The governor shall nominate, by message or writing, and with 
tbe consent of the senate, shall appoint, all judicial officers, except justi- 
ces of the peace, who shall be appointed in manner following, that 
is to say : The board of supervisors in every county in this state, shall at 
such time as the legislature may direct, meet together ; and they, or a 
majority of them so assembled, shall nominate so many persons as shall 
be equal to the number of justices of the peace to be appointed in the 
several towns in their respective counties. And the judges of the re- 
spective county courts, or a majority of them, shall also meet and nominate 
a like number of persons ; and it shall be the duty of the said board of su- 
pervisors and judges of county courts, to compare such nominations, at 
such time and place as the legislature may direct ; and if, on such com- 
parison, the said boards of supervisors and judges of county courts, shall 
agree in their nominations, in all, or in part, they shall file a certificate of the 
nominations in which they shall agree, in the office of the clerk of the 
county ; and the person or persons named in such certificates, shall be 
justices of the peace ; and in case of the disagreement in the whole, or 
in part, it shall be the farther duty of the said boards of supervisors and 
judges respectively, to transmit their said nominations, so far as they dis- 
agree in the same, to the governor, who shall select from the said nomi- 
nations, and appoint so many justices of the peace as shall be requisite 
to fill the vacancies. Every person appointed a justice of the peace, shall 
hold his office for four years, unless removed by the county court, for causes 
particularly assigned by the judges of the said courts ; and no justice of 
the peace shall be removed, until he shall have notice of the charges 
made against him, and an opportunity of being heard in his defence. 

Sec. 8. Sheriffs and clerks of counties, including the register and clerk 
of the city and county of New York, shall be chosen by the electors 
of the respective counties once in every three years, and as often as va- 
cancies shall happen. Sheriffs shall hold no other office, and be ineligible 
for the next three years after the termination of their offices. They may 
be required by law to renew their security, from time to time ; and in 
default of giving such new security, their offices shall be deemed vacant. 
Bat the county shaii never be made responsible for the acts of the Sheriff; 






THE STATE OF NEW YORK. 197 

and the srovernor may remove any such sheriff, clerk or register, at any 
time within the three years for which he shall be elected, giving to such 
sheriff, clerk or register, a copy of the charges against him, and an opportu- 
nity of being heard in his defence, before any removal shall be made. 

Sec. 9. The clerks of courts, except those clerks whose appointment is 
provided for in the preceding section, shall be appointed by the courts of 
which they respectively are clerks ; and district attorneys by the county 
courts. Clerks of courts, and district attorneys, shall hold their offices for 
three years, unless sooner removed by the courts appointing them. 

Sec. 10. The mayors of all the cities in this state shall be appointed 
annually by the common councils of their respective cities. 

Sec. 11. So many coroners as the legislature may direct, not exceeding 
four in each county, shall be elected in the same manner as sheriffs, and 
shall hold their offices for the same term, and be removable in like 
manner. 

Sec 12. The governor shall nominate, and, with the consent of the 
senate, appoint, masters and examiners in chancery ; who shall hold 
their offices for three years, unless sooner removed by the senate, on the 
recommendation of the governor. The registers and assistant registers, 
shall be appointed by the chancellor, and hold their offices during his 
pleasure. 

Sec 13. The clerk of the court of oyer and terminer, and general 
sessions of the peace, in and for the city and county of New- York, shall 
be appointed by the court of general sessions of the peace in said city, 
and hold Ins office during the pleasure of said court ; and such clerks and 
other officers of courts, whose appointment is not herein provided for. 
shall be appointed by the several courts ; or by the governor, with the 
consent of the senate, as may be directed by law. 

Sec 14. The special justices, and the assistant justices, and their clerks, 
in the city of New- York, shall be appointed by the common council of 
the said city ; and shall hold their offices for the same term that the 
justices of the peace, in the other counties of this state, hold their offices, 
and shall be removable in like manner. 

Sec 15. All officers heretofore elective by the people, shall continue 
to be elected ; and all other officers whose appointment is not provided 
for by this constitution, and all officers whose offices may be hereafter 
created by law shall be elected by the people, or appointed, as may by 
law, be directed. 

Sec 16. Where the duration of any office is not prescribed by this 
constitution, it may be declared by law ; and if not so declared, such 
office shall be held during the pleasure of the authority making the 
appointment. 

ARTICLE V. 

Sec 1. The court for the trial of impeachments, and the correction of 
errors, shall consist of the president of the senate, the senators, the chancel- 
lors, and the justices of the supreme court, or the major part of them ; but 
when an impeachment shall be prosecuted against the chancellor, or any 
justice of the supreme court, the person so impeached shall be suspended 



188 CONSTITUTION OF 

from exercising his office, until his acquittal ; and when an appeal from a 
decree in chancery shall be heard, the chancellor shall inform the court 
of the reasons for his decree, but shall have no voice in the final sentence ; 
and when a writ of error shall be brought, on a judgment of the supreme 
-court, the justices of that court shall assign the reasons for their judgment, 
-but shall not have a voice for its affirmance or reversal. 

Sec. 2. The assembly shall have the power of impeaching all civil of- 
ficers of this state for mal and corrupt conduct in office, and high crimes 
and misdemeanors : but a majority of all the members elected shall con- 
cur in an impeachment. Before the trial of an impeachment, the mem- 
bers of the court shall take an oath or affirmation, truly and impartially 
to try and determine the charge in question according to evidence : and 
no person shall be convicted, without the concurrence of two thirds of 
the members present. Judgment in cases of impeachment, shall not ex- 
tend farther than the removal from office, and disqualification to hold and 
enjoy any office of honor, trust or profit, under this state ; but the party 
convicted shall be liable to indictment and punishment, according to law. 

Sec 3. The chancellor and justices of the supreme court shall hold 
their offices during good behavior, or until they shall attain the age of 
sixty years. 

Sec 4. The supreme court shall consist of a chief justice, and two jus- 
tices, any of whom may hold the court. 

Sec 5. The state shall be divided by law, into a convenient number 
of circuits, not less than four nor exceeding eight, subject to alteration by 
the legislature, from time to time, as the public good may require ; for 
each of which a circuit judge shall be appointed, in the same manner, and 
hold his office by the same tenure, as the justices of the supreme court : 
and who shall possess the powers of a justice of the supreme court at 
chambers, and in the trial of issues joined in the supreme court, and in 
courts of oyer and terminer and jail delivery. And such equity powers 
may be vested in said circuit judges, or in the county courts, or in such 
other subordinate courts, as the legislature may by law direct, subject to 
the appellate jurisdiction of the chancellor. 

Sec 6. Judges of the county courts, and recorders of cities, shall hold 
their offices for five years, but may be removed by the senate, on the re- 
commendation of the governor, for causes to be stated in such recom- 
mendation. 

Sec 7. Neither the chancellor nor justices of the supreme court, nor 
any circuit judge, shall hold any other office of public trust. All votes 
for any elective office, given by the legislature or the people, for the chan- 
cellor, or a justice of the supreme court, or circuit judge, during his con- 
tinuance in his judicial office, shall be void. 

ARTICLE VI. 

Sec 1. Members of the legislature, and all officers, executive and ju- 
dicial, except such inferior officers as may by law be exempted, shall, before 
they enter on the duties of their respective offices, take and subscribe the 
following oath or affirmation : 

" I do solemnly swear, (or affirm, as the case may be,) that I will sap- 



THE STATE OF NEW YORK. 109 

port the constitution of the United States, and the constitution of the 
state of New York, and that I will faithfully discharge the duties of 

the office of , according to the best of my ability." 

And no other oach, declaration or test, shall be required as a qualifi- 
cation for any office or public trust. 

ARTICLE VII. 

Sec 1. No member of this state shall be disfranchised or deprived of 
the rights or privileges secured to any citizen thereof, unless by the law 
of the land, or the judgment of his peers. 

Sec 2. The trial by jury, in all cases in which it has been heretofore 
used, shall remain inviolate for ever ; and no new court shall be instituted, 
but such as shall proceed according to the course of the common law ; 
except such courts of equity as the legislature is herein authorized to 
establish. 

Sec 3. The free exercise and enjoyment of religious profession and 
worship, without discrimination or preference, shall for ever be allowed 
in this state, to all mankind ; but the liberty of conscience hereby secured, 
shall not be so construed as to excuse acts of licentiousness, or justify prac- 
tices inconsistent with the peace or safety of this state. 

Sec 4. And whereas the ministers of the gospel are, by their profession, 
dedicated to the service of God, and the cure of souls, and ought not to 
be diverted from the great duties of their functions ; therefore, no minister 
of the gospel, or priest of any denomination whatsoever, shall at any time 
hereafter, under any pretence or description whatever, be eligible to, or 
capable of holding, any civil or military office or place within this state. 

Sec. 5. The militia of this state shall, at all times hereafter, be armed 
and disciplined, and in readiness for service : but ail such inhabitants of 
this state, of any religious denomination whatever, as from scruples of 
conscience may be averse to bearing arms, shall be excused therefrom, 
by paying to the state an equivalent in money ; and the legislature shall 
provide by law for the collection of such equivalent, to be estimated ac- 
cording to the expense in time and money, of an ordinary able bodied 
militia man. 

Sec 6. The privilege of the writ of habeas corpus shall not be suspended , 
unless when, in cases of rebellion or invasion, the public safety may require 
its suspension. 

Sec 7. No person shall be held to answer for a capital, or other in- 
famous crime, (except in cases of impeachment, and in cases of the militia 
when in actual service ; and the land and naval forces in time of war, or 
which this state may keep, with the consent of congress, in time of peace, 
and in cases of petit larceny, under the regulation of the legislature ;) 
unless on presentment, or indictment of a grand jury ; and in every trial 
on impeachment or indictment, the party accused shall be allowed counsel 
as in civil actions. -No person shall be subject, for the same offence, to 
be twice put in jeopardy of life or limb ; nor shall he be compelled, in 
any criminal case, to be a witness against himself; nor be deprived of life, 
liberty, or property, without due process of law : nor shall private property, 
be taken for public use, without just compensation. 



200 CONSTITUTION OF 

Sec. 8. Every citizen may freely speak, write and publish his senti- 
ments, on all subjects, being responsible for the abuse of that right ; and 
no law shall be passed to restrain or abridge .the liberty of speech, or of 
• the press. In all prosecutions or indictment for libels, the truth may be 
given in evidence to the jury : and if it shall appear to the jury, that the 
matter charged as libellous is true, and was published with good motives, 
and for justifiable ends, the party shall be acquitted ; and the jury shall 
have the right to determine the law and the fact. 

Sec 9. The assent of two thirds of the members elected to each branch 
of the legislature, shall be requisite to every bill appropriating the public 
moneys or property, for local or private purposes, or creating, continuing, 
altering, or renewing, any body politic or corporate. 

Sec 10. The proceeds of all lands belonging to this state, except such 
parts thereof as may be reserved or appropriated to public use, or ceded 
to the United States, which shall hereafter be sold or disposed of, together 
with the fund denominated the common school fund, shall be and remain 
a perpetual fund, the interest of which shall be inviolably appropriated to 
the support of common schools throughout this state. Rates of toll, not less 
than those agreed to by the canal commissioners, and set forth in their 
report to the legislature of the twelfth of March, one thousand eight hun- 
dred and twenty one, shall be imposed on, and collected from, all parts of 
the navigable communication, between the great western and northern 
lakes, and the Atlantic ocean, which now are, or hereafter shall be, made 
and completed ; and the said tolls, together with the duties on the ma- 
nufacture of all salt, as established by the act of thf? fifteenth of April, 
one thousand eight hundred and seventeen ; and the duties on goods 
sold at auction, excepting therefrom the sum of thirty three thousand 
five hundred dollars, otherwise appropriated by the said act ; and the 
amount of the revenue establised by the act of the legislature of the 
thirtieth of March, one thousand eight hundred and twenty, ; in lieu oi 
the tax upon steam boat passengers ; shall be and remain inviolably ap- 
propriated and applied to the completion of such navigable communica- 
tions, and to the payment of the interest, and reimbursement of the cap- 
ital, of the money borrowed, or which hereafter shall be borrowed, to 
make and complete the same. And neither the rates of toll on the said 
navigable communications, nor the duties on the manufacture of salt 
aforesaid, nor the duties on goods sold at auction, as established by the 
act of the fifteenth of April, one thousand eight hundred and seventeen ; 
nor the amount of the revenue, established by the act of March the thir- 
tieth, one thousand eight hundred and twenty, in lieu of the tax upon 
steam boat passengers ; shall be reduced or diverted, at any time, be- 
fore the full and complete payment of the principal and interest of the 
money borrowed, or to be borrowed, as aforesaid. And the legislature 
shall never sell or dispose of the salt springs belonging to this state nor 
the lands contiguous thereto, which may be necessary or convenient for 
their use, nor the said navigable communications or any part or section 
thereof ; but the same shall be and remain the property of this state. 

Sec 11. No lottery shall hereafter be authorized in this state ; and the 
legislature shall pass laws to prevent the sale of all lottery tickets, within 
this state, except hi latteries already provided for by law,. 



THE STATE OF NEW YORK. 201 

Sec. 12. No purchase or contract for the sale of lands in this state, 
made since the fourteenth day of October, one thousand seven hundred 
and seventy-five, or which may hereafter be made, of or with the Indi- 
ans in this state, shall be valid, unless under the authority and consent of 
the legislature. , 

Sec 13. Such parts of the common law, and of the acts of the legis- 
lature of the colony of New York, as together did form the law of the 
said colony on the nineteenth day of April, one thousand seven hundred 
and seventy-five, and the resolutions of the congress of thesaid colony, 
and of the convention of the State of New York, in force on the twen- 
tieth day of April, one thousand seven hundred and seventy-seven, which 
have not since expired, or been repealed, or altered ; and such acts of the 
legislature of this state as are now in force, shall be and continue the law 
of tins state, subject to such alterations as the legislature shall make 
concerning the same. But all such parts of the common law, and such 
of the said acts or parts thereof, as are repugnant to this constitution, 
are hereby abrogated. 

Sec 14 All grants of land within this state, made by the king of Great 
Britain, or persons acting under his authority, after the fourteenth day of 
October, one thousand seven hundred and seventy-five, shall be null and 
void ; but nothing contained in this constitution shall affect any grants of 
land within this state, made by the authority of the said king or his pre- 
decessors, or shall annul any charters to bodies politic and corporate, by 
him or them made before that day ; or shall affect any such grants or 
charters since made by this state, or by persons acting under its au- 
thority ; or shall impair the obligations of any debts contracted by the 
state, or individuals, or bodies corporate, or any other rights of property, 
or any suits, actions, rights of action, or other proceedings, in courts of 
justice. 

ARTICLE VIII. 

Sec 1. Any amendment or amendments to this constitution, may 
be proposed in the senate or assembly ; and if the same shall be agreed 
to by a majority of the members elected to each of the two houses, 
such proposed amendment or amendments shall be entered on the 
journals, with the yeas and nays taken thereon, and referred to the le- 
gislature next to be chosen, and shall be published for three months 
previous to the time of making such choice ; and, if in the legislature 
next chosen as aforesaid, such proposed amendment or amendments 
shall be agreed to by two thirds of all the members elected to each 
house, then it shall be the duty of the legislature to submit such pro- 
posed amendment or amendments to the people, in such manner and 
at such time as the legislature shall prescribe ; and if the people shall 
approve and ratify such amendment or amendments, by a majority of 
the electors qualified to vote for members of the legislature voting 
thereon, such amendment or amendments shall become part of the con- 
stitution. 

ARTICLE IX. 

Sec. 1. This constitution shall be in force from the last day of 



rr. 



202 CONSTITUTION OF 

December, in the year one thousand eight hundred and twenty-two. But 
all those parts of the same, which relate to the right of suffrage ; the division 
of the state into senate districts: the number of members of the assembly 
to be elected, in pursuance of this constitution • the apportionment ol 
members of assembly ; the elections hereby directed to commence on the 
,iirst Monday of November, in the year one thousand eight hundred and 
twenty-two ; the continuance of members of the present legislature in 
office until the first day of January, in the year one thousand eight 
hundred and twenty three ; and the prohibition against authorizing lot- 
teries ; the prohibition against appropriating the public moneys or property 
for local or private purposes, or creating, continuing, altering, or renewing 
any body politic or corporate, without the assent of two thirds of the 
members elected to each branch of the legislature, shall be in force and 
and take effect from the last day of February next. The members o* 
the present legislature shall, on the first Monday of March next, take 
and subscribe an oath or affirmation to support the constitution, so far a? 
the same shall then be in force. Sheriffs, clerks of counties, and coroners, 
ehall be elected at the election hereby directed to commence on the first 
Monday of November, in the year one thousand eight hundred and 
twenty-two ;_but they shall not enter on the duties of their office before 
the first day of January then next following. The commissions of all 
persons holding civil offices on the last day of December, one thousand 
eight hundred and twenty-two, shall expire on that day ; but the officers 
then in commission, may respectively continue to hold their said offices, 
until new appointments or elections shall take place under this con- 
stitution. 

Sec. 2. The existing laws relative to the manner of notifying, holding 
and conducting elections, making returns, and canvassing votes, shall be 
in force, and observed in respect to the elections hereby directed to com- 
mence on the first Monday of November, in the year one thousand eight 
hundred and twenty-two, so far as the same are applicable. And the 
present legislature shall pass such other and further laws as may be 
requisite for the execution of the provisions of this constitution in respect 
to elections. 

Done in convention, at the capital, in the city of Albany, the tenth day 
of November, in the year one thousand eight hundred and twenty-one, 
and of the independence of the United States of America, the forty 
eixth. In witness thereof, we have hereunto subscribed our names. 

DANIEL D. TOMPKINS, President. 

John F. Bacon, ) . . 

c c r , > secretaries. 

Samuel S. Gardner, $ 

[The foregoing constitution was ratified by the people at an election 
held in the several towns and wards of this state, on the fifteenth, six- 
teenth, and seventeenth days of January, one thousand eight hundred and 
uwenty-two.] 



THE STATE OF NEW YORK. 203 



AMENDMENTS. 

[The following amendments to the constitution were proposed by the 
legislature in 1825, were referred to the legislature of 18)26, agreed to by 
two thirds of the members elected to each house of that legislature, sub- 
mitted to the people, and approved and ratified at an election held on the 
6th, 7th and 8th days of November, 1826.] 

FIRST AMENDMENT. 

That the people of this state, in their several towns, shall, at their annual 
election, and in such manner as the legislature shall direct, elect by ballot 
their justices of the peace ; and the justices so elected in any town, shall 
immediately thereafter meet together, and in,presence of the supervisor 
and town clerk of the said town, be divided by lot into four classes, of 
one in each class, and be nunibered, one, two, three and four ; and the 
office of number one shall expire at the end of the first year, of number 
two at the end of the second year, of number three at the end of the third 
year, and of number four at the end of the fourth year, in order that ono 
justice may thereafter be annually elected : and that so much of the 
seventh section of the fourth article of the constitution of this state as is in- 
consistent with this amendment, be abrogated. 

SECOND AMENDMENT. 

That so much of the first section of the second article of the constitution 
as prescribes the qualifications of voters, other than persons of color, be, 
and the same is, hereby abolished, and that the following be substituted 
in the place thereof: 

Every male citizen of the age of twenty-one years, who shall have 
been an inhabitant of this state one year next preceding any election, 
and for the last six months a resident of the county where he may oiler 
his vote, shall be entitled to vote in the town or ward where he actually 
resides, and not elsewhere, for all officers that now are, or hereafter may 
be, elective by the people. 

THIRD AMENDMENT. 

[The following amendments, having been previously proposed by the 
legislature, were ratified by the people at the annual election in No- 
vember, 1833.] 

That the duties on the manufacture of salt, as established by the act 
of the fifteenth of April, one thousand eight hundred and seventeen, and 
by the tenth section of the seventh article of the constitution of this state, 
may at any time hereafter be reduced by an act of the legislature of this 
state, but shall not, while the same is appropriated and pledged by the 
said section, be reduced below the sum of six cents upon each and every 
bushel, and the said duties shall remain inviolably appropriated and ap- 
plied as is provided by the said tenth section ; and that so much of the 
eaid tenth section of the seventh article of the constitution of this state as 
is inconsistent with this amendment, be abrogated. 



204 CONSTITUTION OF THE STATE OF NEW YORK. 

FOURTH AMENDMENT. 

At the end of the tenth section of the fourth article of the said consti- 
tution, add the following words : " Except in the city of New- York, in 
which the mayor shall be chosen annually by the electors thereof qualified 
to vote for the other charter officers of the said city, and at the time of 
the election of such officers." 

FIFTH AMENDMENT. 

Mayors of the several cities of this state, may be elected annually by 
the male inhabitants entitled to vote for members of the common coun- 
cil of such cities respectively, in such manner as the legislature shall by 
law provide ; and the legislature may, from time to time, make such pro- 
vision by law for the election of any one or more of such mayors ; but 
until such provision shalj. be made by law, such mayor (excepting the 
mayor of the city of New York) shall be appointed in the manner now 
provided by the constitution of this state ; and so much of the tenth sec- 
tion of article fourth of the constitution of this state, as is inconsistent 
with this amendment is hereby abrogated. 



CONSTITUTION OF THE UNITED STATES. 



The Constitution framed for the United States of America, by a convention 
of deputies from the States of New Hampshire, Massachusetts, Connec- 
ticut, New York, New Jersey, Pennsylvania, Delaware, Maryland, Vir- 
ginia, North Carolina, South Carolina, and Georgia, at a session begun 
May 25, and ended September 17, 1787. 

We, the people of the United States, in order to form a more perfect 
union, establish justice, ensure domestic tranquility, provide for the com- 
mon defence, promote the general welfare, and secure the blessings of 
liberty to ourselves and our posterity, do ordain and establish this Consti- 
tution for the United States of America. 

ARTICLE I. 

Section 1. All legislative powers herein granted shall be vested in a 
congress of the United States, which shall consist of a senate and house 
of representatives. 

Sec 2. The house of representatives shall be composed of members 
chosen every second year, by the people of the several states ; and the 
electors in each state shall have the qualifications requisite for electors of 
the most numerous branch of the state legislature. 

No person shall be a representive who shall not have attained to the 
age of twenty-five years, and been seven years a citizen of the United 
States, and who shall not, when elected, be an inhabitant of the state in 
which he shall be chosen. 

Representatives and direct taxes shall be apportioned among the sev- 
eral states which may be included within the Union, according to their 
respective numbers, which shall be determined by adding to the whole 
number of free persons, including those bound to service for a term of 
years, and excluding Indians not taxed, three fifths of all other persons. 
The actual enumeration shall be made within three years after the first 
meeting of the congress of the United States, and within ever} 7 subsequent 
term of ten years, in such manner as they shall by law direct. The num- 
ber of representatives shall not exceed one for every thirty thousand, but 
each state shall have at least one representative ; and until such enume- 
ration shall be made, the state of New Hampshire shall be entitled to choose 
three, Massachusetts eight; Rhode Island and Providence Plantations 






CONSTITUTION OF 

one; Connecticut five ; New York six; New Jersey four ; Pennsylva- 
nia eight; Delaware one ; Maryland six ; Virginia ten; North Carolina 
five; South Carolina five; Georgia three. 

When vacancies happen in the representation from any state, the ex- 
ecutive authority thereof shall issue writs of election to fill such vacan- 
cies. 

The house of representatives shall choose their speaker and other offi- 
cers, and shall have the sole power of impeachment. 

Sec. 3. The senate of the United States shall be composed of two sen- 
ators from each state, chosen by the legislature thereof, for six years ; and 
each senator shall have one vote. 

Immediately after they shall be assembled in consequence of the first 
election, they shall be divided, as equally as may be, into three classes. 
The seats of the senators of the first class shall be vacated at the expira- 
tion of the second year ; of the second class at the expiration of the 
fourth year ; and of the third class at the expiration of the sixth year ; so 
that one third may be chosen every second year ; and if vacancies 
happen, by resignation, or otherwise, during the recess of the legislature of 
any state, the executive thereof may make temporary appointments, until 
the next meeting of the legislature which shall then fill such vacancies.. 

No person shall be a senator who shall not have attained to the 
age of thirty years, and been nine years a citizen of the United States* 
and who shall not, when elected, be an inhabitant of that state for 
which he shall be chosen. 

The vice president of the United States shall be president of the 
senate, but shall have no vote, unless they be equally divided. 

The senate shall choose their other officers, and also a president pro 
tempore, in the absence of the vice president, or when he shall exercise 
the office of president of the United States. 

The senate shall have the sole power to try all impeachments : when 
sitting for that purpose, they shall be on oath or affirmation. When the 
president of the United States is tried, the chief justice shall preside ; and 
no person shall be convicted without the concurrence of two thirds of the 
members present. 

Judgment, in cases of impeachment, shall not extend further than to 
removal from office, and disqualification to hold and enjoy any office of 
honor, trust, or profit, under the United States; but the party convicted 
shall, nevertheless, be liable and subject to indictment, trial, judgment 
and punishment, accordingUo law. 

Sec 4. The times, places and manner of holding elections for senators 
and representatives, shall be prescribed in each state by the legislature 
thereof; but the congress may at any time, by law, make or alter such 
regulations, except as to the places of choosing senators. 

The congress shall assemble at least once in every year ; and such 
meeting shall be on the first Monday in December, unless they shall, by 
law, appoint a different day. 

Sec 5. Each house shall be the judge of the elections, returns and 
qualifications of its own members ; and a majority of each shall constitute 
a quorum to do business ; but a smaller number may adjourn from day to 



THE UNITED STATES. 207 

day, and may be authorized to compel the attendance of absent members, 
in such manner, and under such penalties, as each house may provide. 

Each house may determine the rules of its proceedings, punish its 
members for disorderly behavior, and, with the concurrence of two thirds, 
expel a member. 

Each house shall keep a journal of its proceedings, and from time to 
time publish the same, excepting such parts as may, in their judgment, 
require secrecy; and the yeas and nays of the members of either house, 
on any question, shall, at the desire of one fifth of those present, be entered 
on the journal. 

Neither house, during the session of congress, shall, without the consent 
of the other, adjourn for more than three days, nor to any other place 
than that in which the two houses shall be sitting. 

Sec. 6. The senators and representatives shall receive a compensation 
for their services, to be ascertained by law, and paid out of the treasury 
of the United States. They shall, in all cases, except treason, felony, and 
breach of the peace, be privileged from arrest during their attendance at 
the session of their respective houses, and in going to or returning from 
the same : and for any speech or debate in either house, they shall not be 
questioned in any other place. 

No Senator or representative shall, during the time for which he was 
elected, be appointed to any civil office under the authority of the United 
States, which shall have been created, or the emoluments whereof shall 
have been increased, during such time ; and no person holding any office 
under the United States, shall be a member of either house during his 
continuance in office. 

Sec 7. All bills for raising revenue shall originate in the house of re- 
presentatives ; but the senate may propose, or concur with, amendments, 
as on other bills. 

Every bill which shall have passed the house of representatives and 
the senate, shall, before it become a law, be presented to the president of 
the United States: if he approve, he shall sign it ; but if not, he shall 
return it, with his objections, to that house in which it shall have origi- 
nated, who shall enter the objections at large on their journal, and proceed 
to reconsider it. If after such reconsideration, two thirds of the house 
shall agree to pass the bill, it shall be sent, together with the objections, to 
the other house, by which it shall likewise be reconsidered, and, if approved 
by two-thirds of that house, it shall become a law. But, in all such cases, 
the votes of both houses shall be determined by yeas arid nays, and the 
names of the persons voting for and against the bill shall be entered on 
the journal of each house respectively. If any bill shall not be returned 
by the president within ten days (Sundays excepted) after it shall have 
been presented to him, the same shall be a law, in like manner as if he 
had signed it, unless the congress, by their adjournment, prevent its return, 
in which case it shall not be a law. 

Every order, resolution or vote, to which the concurrence of the senate 
and house of representatives may be necessary (except on a question ot 
adjournment) shall be presented to the president of the United Sates, and 
befo e the same shall take efiect, shall be approved by him, or, being dis- 



203 CONSTITUTION OF 

approved by him, shall be passed by two thirds of the senate and house ol 
representatives, according to the rules and limitations prescribed in th« 
case of a bill. 

Sec. 8. Congress shall have power — 

To lay and collect taxes, duties, imposts and excises, to pay the debts 
and provide for the common defence and general welfare of the United 
States ; but all duties, imposts and excises shall be uniform throughout 
the United States: 

To borrow money on the credit of the United States : 

To regulate commerce with foreign nations, and among the several 
states, and with the Indian tribes : 

To establish a uniform rule of naturalization, and uniform laws on the 
subject of bankruptcies throughout the United States : 

To coin money ; to regulate the value therof, and of foreign coin ; and 
fix the standard of weights and measures : 

To provide for the punishment of counterfeiting the securities and 
current coin of the United States : 

To establish post offices and post roads : 

To promo'te the progress of science and useful arts, oy securing, for 
limited times, to authors and inventors, the exclusive right to their re- 
spective writings and discoveries : 

To constitute tribunals inferior to the supreme court : 

To define and punish piracies and felonies committed on the high seas, 
and offences against the law of nations : 

To declare war ; grant letters of marque and reprisal ; and make rules 
concerning captures on land and water : 

To raise and support armies : but no appropriation of money to that 
ase shall be for a longer term than two years : 

To provide and maintain a navy : 

To make rules for the government and regulation of the land and na- 
val forces : 

To provide for calling forth the militia to execute the laws of the 
Union, suppress insurrections, and repel invasions : 

To provide for organizing, arming and disciplining the militia, and for 
governing such part of them as may be employed in the service of the 
United States ; reserving to the states respectively, the appointment oi 
the officers, and the authority of training the militia, according to the 
discipline prescribed by congress : 

To exercise exclusive legislation in all cases whatsoever, over such dis- 
trict (not exceeding ten miles square) as may, by cession of particular 
states, and the acceptance of congress, become the seat of government 
of the United States, and to exercise like authority over all places pur- 
chased by the consent of the legislature of the- state in which the same 
shall be, for the erection of forts, magazines, arsenals, dock yards, and 
other needful buildings : And, 

To make all laws which shall be necessary and proper for carrying into 
execution the foregoing powers, and all other powers vested by this con- 
stitution in the government of the United States, or in any department 
or officer thereof. 



thf; UNITED STATES. 209 

:). The migration or importation of such persons as any of the 
etaH shall think proper to admit, shall not be prohibited by 

the congress prior to the year one thousand eight hundred and eight : but 
a tax or duty may be imposed on such importation, not exceeding ten dol- 
lars for each person. 

The privilege of the writ of habeas corpus shall not be suspended, un~ 
less when, in cases of rebellion or invasion, the public safety may re- 
quire it. 

No bill of attainder or ex post facto law shall be passed. 

No capitation or other direct tax shall be laid, unless in proportion to 
the census or enumeration herein before directed to be taken. 

No tax or duty shall be laid on articles exported from any state. No 
preference shall be given, by any regulation of commerce or revenue, to 
the ports of one state over those of another ; nor shall vessels bound to 
or from one state be obliged to enter, clear, or pay duties in another. 

No money shall be drawn from the treasury, but in consequence of ap- 
propriations made by law : and a regular statement and account of the 
receipts and expenditures of all public money shall be published from time 
to time. 

No title of nobility shall be granted by the United States ; and no per- 
son holding any office of profit or trust under them shall, without the con- 
sent of the congress, accept of any present, emolument, office^ or title of 
any kind whatever, from any king, prince, or foreign state. 

Sec 10. No state shall enter into any treaty, alliance or confederation ; 
grant letters of marque and reprisal ; coin money ; emit bills of credit ; 
make any thing but gold and silver coin a tender in payment of debts ; 
pass any bill of attainder, ex post facto law, or law impairing the ob 
tion of contracts ; or grant any title of nobility. 

No state shall, without the consent of the congress, lay any imposts 
or duties on imports or exports, except what may be absolutely neces- 
sary for executing its inspection laws : and the nett produce of all du- 
ties and imposts laid by any state on imports or exports, shall be for the 
use of the treasury of the United States ; and all such laws shall be 
subject to the revision and control of the congress. No state shall. 
without the consent of congress, lay any duty of tonnage, keep troops or 
ships of war in time of peace, enter into any agreement or compact with 
another state, or with a foreign power,. or engage in war, unless actually 
invaded, or in such imminent danger as will not admit of delay. 

ARTICLE II. 

Section 1. The executive power shall be vested in a president of the 
United States of America. He shall hold his office during the term of 
four years, and, together with the vice president, chosen for the same term, 
be elected as follows : 

Each state shall appoint, in such manner as the legislature thereof may 
direct, a number of electors, equal to the whole number of senators .and 
representatives to which the state may be entitled in the congress ; but 
no senator or representative, or person holding an office of trust or profit 
under the United States, shall be appointed an elector. 
14 






210 CONSTITUTION OF 

The electors shall meet in their respective states, and vote by ballot for 
two persons, of whom one at least shall not be an inhabitant of the same 
state with themselves. And they shall make a list of all the persons vo- 
ted for, and of the number of votes for each, which list they shall sign 
and certify, and transmit, sealed, to the seat of government of the United 
States, directed to the president of the senate. The president of the 
senate shall, in the presence of the senate and house of representatives, 
open all the certificates, and the votes shall then be counted. The person 
having the greatest number of votes shall be the president, if such num- 
ber be a majority of the whole number of electors appointed ; and i( 
there be more than one who have such majority, and have an equal num- 
ber of votes, then the house of representatives shall immediately choose 
by ballot one of them for president ; and if no person have a majority, 
then, from the five highest on the list, the said house shall, in like man- 
ner, choose the president. But, in choosing the president, the votes shall 
be taken by states, the representation from each state having one vote : 
a quorum for this purpose shall consist of a member or members from 
two thirds of the states, and a majority of all the states shall be necessa- 
ry to a choice. In every case, after the choice of the president, the 
person having the greatest number of votes of the electors, shall be the 
vice president. But if there should remain two or more who have 
equal votes, the senate shall choose from them, by ballot, the vice pre- 
sident. 

(By the 12th article of amendment, the above clause has been re- 
pealed.) 

The congress may determine the time of choosing the electors, and the 
day on which they shall give their votes, which day shall be the same 
throughout the United States. 

No person, except a natural born citizen, or a citizen of the United 
States at the time of the adoption of tins constitution, shall be eligible to 
the office of president : neither shall any person be eligible to that office 
who shall not have attained to the age of thirty five years, and been four- 
teen years a resident within the United States. 

In case of the removal of the president from office, or of his death, 
resignation, or inability to discharge the pow r ers and duties of the said 
office, the same shall devolve on the vice president, and the congress may, 
by law, provide for the case of removal, death, resignation, or inability, 
both of the president and vice president, declaring what officer shall then 
act as president ; and such officer shall act accordingly, until the disability 
be removed, or a president shall be elected. 

The president shall, at stated times, receive for his services a compen- 
sation, which shall neither be increased nor diminished during the period 
for which he shall have been elected ; and he shall not receive, within 
that period, any other emolument from the United States, or any of them. 

Before he enter on the execution of his office, he shall take the follow- 
ing oath or affirmation : 

" I do solemly swear (or affirm) that I will faithfully execute the office 
of president of the United States ; and will, to the best of my ability 
preserve, protect, and defend the constitution of the United States. 



THE UNITED STATES. 2D 

*rc. 2 The president shall he commander-in-chief of ihe army and 
navy of the United States, and of the militia of the several states, when 
called into the actual service of the United States ; he may require the 
opinion, in writing, of the principal oilicer in each of the executive de- 
partments, upon any subject relating to the duties of their respective of- 
fices ; and he shall have power to grant reprieves and pardons for oifence* 
against the United States, except incases of impeachment. 

He shall have power, by and with the advice and consent of the senate, 
to make treaties, provided two thirds of the senators present concur : and 
he shall nominate, and by and with the advice and consent of the senate, 
shall appoint ambassadors, other public ministers and consuls, judges of 
the supreme court, and all other officers of the United States, whose ap- 
pointments are not herein otherwise provided for, .and which shall be 
established bylaw: but the congress may, by law, vest the appointment 
of such inferior officers as they thing proper, in the president alone, in the 
courts of law, or in the heads of departments. 

The president shall have power to fill up all vacancies that may happen 
during the recess of the senate, by granting commissions which shall ex- 
pire at the end of their next session. 

3. He shall from time to time, give to the congress information 
of the state of the union ; and recommend to their consideration such 
measures as he shall judge necessary and expedient. He may, on extra- 
ordinary occasions, convene both houses, or either of them ; and, in case 
of disagreement between them, with respect to the time of adjournment, 
he may adjourn them to such time as he shall think proper. He shall 
receive ambassadors and other public ministers. He shall take care that 
the laws be faithfully executed ; and shall commission all the officers of 
tne United States. 

Sec. 4. The president, vice president, and all civil officers of the United 
States, shall be removed from office on impeachment for, and conviction 
of, treason, bribery, or other high crimes and misdemeanors. 

ARTICLE III. 

Section 1. The judicial power of the United States shall be vested in 
one supreme court, and in such inferior courts as the congress may, from 
time to time, ordain and establish. The judges both of the supreme and 
inferior courts, shaH hold their offices during good behavior ; and shall, at 
stated times, receive for their services a compensation, which shall not be 
diminished during their continuance in office. 

Sec 2. The judicial power shall extend to all cases in law and equity, 
arising under this constitution, the laws of the United States, and treaties 
made, or which shall be made, under their authority ; to all cases affect- 
ing ambassadors, other public ministers, and consuls ; to all cases of ad- 
mirality and maratime jurisdiction ; to controvesies to which the United 
States shall be a party, to controversies between two or more states, be- 
tween a state and citizens of another 6tate, between citizens of different 
states, between citizens of the same state claiming lands under grants of 
different states, and between a state, or the citizens thereof and foreign 
states, citizens or subjects. 



212 CONSTITUTION OF 

In all cases affecting ambassadors, other public ministers and consuls, 
and those in winch a state shall be a party, the supreme court shall have 
original jurisdiction. In all the other cases before mentioned, the supreme 
court shall have appellate jurisdiction, both as to law and fact, with such 
exceptions, and under such regulations, as the congress shall make. 

The trial of ah crimes, except in cases of impeachment, shall be by jury ; 
and such trial shall be held in the state where the said crimes shall have 
been committed ; but when not committed within any state, the trial shall 
be at such place or places as the congress may by law have directed. 

Sec. 3. Treason against the United States shall consist only in levying 
war against them, or in adhering to their enemies, giving them aid and 
comfort. No person shall be convicted of treason, unless on the testimony 
of two witnesses to the same overt act, or on confession in open court. 

The congress shall have power to declare the punishment of treason ; 
but no attainder of treason shall work corruption of blood, or forfeiture, 
except during the life of the person attainted. 

ARTICLE IV. 

Section 1. Full faith and credit shall be given, in each state, to the 
public acts, records, and judicial proceedings of every other state. And 
the congress may, by general laws, prescribe the manner in which such 
acts, records and proceedings shall be proved, and the effect thereof. 

Sec. 2. The citizens of each state shall be entitled to all the privileges 
and immunities of citizens in the several states. 

A person charged in any state with treason, felony, or other crime, 
w T ho shall flee from justice, and be found in another state, shall on demand 
of the exec , c hority e state from which he tied, be delivered up, 

to be removed to the state having jurisdiction of the crime. 

No person held to service or labor in one state, under the laws thereof, 
escaping into another, shall, in consequence of any law or regulation 
therein be discharged from such service or labor ; but shall be delivered 
up on claim of the party to whom such service or labor may be due. 

Sec. 3. New states may be admitted by the congress into this union ; 
but no new state shall be formed or erected within the jurisdiction of any 
other state, nor any state be formed by the junction of two or more states, 
or parts of states, w : thout the consent of the legislatures of the states con- 
cerned, as well as of the congress. 

The congress shall have power to dispose of, and make all needful rules 
and regulations respecting the territory or other property belonging to 
the United States; and not] h: constitution shall be so construed 

as to prejudice any claims of the United States, or of any particular state. 

Sec. 4. The United States shall guaranty to every state in this union, 
a republican form of government ; and shall protect each of them against 
invasion, and on application of the legislature, or of the executive (when 
the legislature cannot be convened) against domestic violence. 

ARTICLE V 
The congress, whenever two thirds of bom houses shall deem it neces* 
a&ry, shall propose amendments to this constitution, or on the application 



THE UNITED STATES. 213 

of the legislatures of two thirds of the several states, shall call a conven- 
tion for proposing amendments ; which, in either case, shall be valid to all 
intents and purposes, as part of this constitution, when ratified by the le- 
gislatures of three fourths of the several states, or by conventions in three 
fourths thereof, as the one or the other mode of ratification may be pro- 
posed by the congress : Provided, that no amendment which may be made 
prior to the year one thousand eight hundred and eight, shall iu any man- 
ner affect the first and fourth clauses in the ninth section of the first arti- 
cle ; and that no state, without its consent, shall be deprived of its equal 
suffrage in the senate. 

ARTICLE VI. 

All debts contracted, and engagements entered into, before the adop- 
tion of this constitution, shall be as valid against the United States un- 
der this constitution, as under the confederation. 

This constitution, and the laws of the United States which shall be 
made in pursuance thereof, and all treaties made or which shall be made 
under the authority of the United States, shall be the supreme law of the 
land, and the judges in every state shall be bound thereby, any thing in the 
constitution or laws of any state to the contrary notwithstanding. 

The senators and representatives before mentioned, and the members 
of the several state legislature, and all executive and judicial officers, 
both of the United States and of the several states shall be bound, by 
oath or affirmation, to support this constitution ; but no religious test shall 
ever be required as a qualification to any office or public trust under the 
United States. 

ARTICLE VII. 

The ratification of the conventions of nine states shall be sufficient for 
the establishment of this constitution between the states so ratifying the 
same. 



Done in convention, by the unanimous consent of the states present, the 
seventeenth day of September, in the year of our Lord one thousand 
seven hundred and eighty-seven, and of the Independence of the 
United States of America, the twelfth. In witness whereof we have 
subscribed our names. 

GEORGE WASHINGTON, 
President, and Delegate front Virginia. 



New Hampshire. John Langdon, Nicholas Gilman. 
Massachusetts. Nathaniel Gorham, Rufus King. 
Connecticut. Wm. Samuel Johnson, Roger Sherman. 
jViei£ York. Alexander Hamilton 



214 CONSTITUTION OF 

New Jersey^ William Livingston, William Paterson, David Brearly 
Jonathan Dayton. 

Pennsylvania. Benjamin Franklin, Robert Morris, Thomas Fitzsim- 
ons, James Wilson, Thomas Mifflin, George Clymer, Jared Ingersoll, 
Gouverneur Morris. 

Delaware. George Read, G arming Bedford Jr., John Dickinson, Rich- 
ard Bassett, Jacob Bx~oom. 

Maryland. James M'Henry, Daniel of St. Tho. Jenifer, Daniel 
Carroll. 

Virginia. John Blair, James Madison, Jr. 

North Carolina. William Blount, Richard Dobbs Spaight, Hugh 
Williamson. 

South Carolina. John Rutledge, Charle's Pinckney, Pierce Butie*, 
Ciias. Cotesworth Pinckney. 

Georgia. William Few, Abraham Baldwin. 

Attest, William Jackson, Secretary, 



AMENDMENTS. 



Article I. Congress shall make no law respecting an establishment 
of religion, or prohibiting the free exercise thereof; or abridging the 
freedom of speech or the press ; or the right of the people peaceably to 
assemble, and to petition the government for a redress of grievances. 

Art. II. A well regulated militia being necessary to the security of a 
free state, the right of the people to keep and bear arms shall not be 
infringed. 

Art. III. No soldier shall, in time of peace, be quartered in any house 
without the consent of the owner, nor in time of war, but in a manner to 
be prescribed by law. 

Art. IV. The right of the people to be secure in their persons houses, 
papers and effects, against unreasonable searches and seizures, shall not 
be violated ; and no warrant shall issue, but- upon probable cause, sup- 
ported by oath or affirmation, and particularly describing the place to be 
searched, and the persons or things to be seized. 

Art. V. No person shall be held to answer for a capital or other in- 
famous crime, unless on a presentment or indictment of a grand jury, 
«xcept in cases arising in the land or naval forces, or in the militia when 
in actual service, in time of war or public danger ; nor shall any person 
be subject, for the same offence, to be twice put in jeopardy of life or limb ; 
aor shall be compelled, in any criminal case, to be witness against himself; 



THE UNITED STATES. 215 

nor be deprived of life, liberty, or property, without due process of law ; 
nor shall private property be taken for public use, without just compen- 
sation. 

Art. VI. In all criminal prosecutions, the accused shall enjoy the right 
to a speedy and public trial, by an impartial jury of the state and district 
wherein the crime shall have been committed, winch district shall have 
been previously ascertained by law ; and to be informed of the nature and 
cause of the accusation ; to be confronted with the witnesses against him , 
to have compulsory process for obtaining witnesses in his favor ; and to 
have the assistance of counsel for his defence. 

Art. VII. In suits at law, where the value in controversy shall exceed 
twenty dollars, the right of trial by jury shall be preserved ; and no fact 
tried by a jury, shall be otherwise re-examined in any court of the United 
States, than according to the rules of the common law. 

Art. VIII. Excessive bail shall not be required, nor excessive fim-s 
imposed, nor cruel and unusual punishments inflicted. 

Art. IX. The enumeration in the constitution of certain rights, shall 
not be construed to deny or disparage others retained by the people. 

Art. X. The powers not delegated to the United States by the con- 
stitution, nor prohibited by it to the states, are reserved to the states re- 
spectively, or to the people. 

Art. XL The judicial power of the United States shall not be con- 
strued to extend to any suit in law or equity, commenced or prosecuted 
against one of the United States by citizens of another state, or by citizens 
or subjects of any foreign state. 

Art. XII. The electors shall meet in their respective states, and vote, 
by ballot, for president and vice president, one of whom, at least, shall not 
be an inhabitant of the same atate with themselves : they shall name in 
their ballots the person voted for as president, and in distinct ballots the 
person voted for as vice president ; and they shall make distinct lists of 
all persons voted for as president, and of all persons voted for as vice 
president, and of the number of votes for each ; which lists they shaii sign 
and certify, and transmit, sealed, to the seat of government of the United 
States, directed to the president of the senate : the president of the senate 
shall, in the presence of the senate and house of representatives, open all 
the certificates, and the votes shall then be counted ; the person having 
the greatest number of votes for president shall be the president, if such 
number be a majority of the whole number of electors appointed ; and if 
no person have such majority, then, from the persons having the highest 
numbers, not exceeding three, on the list of those voted for as president, 
the house of representatives shall choose immediately, by ballot, the presi- 
dent. But in choosing the president, the votes shall be taken by states, 
the representation from each state having one vote : a quorum for this 
purpose shall consist of a member or members from two thirds of the states, 
and a majority of all the states shall be necessary to a choice. And if 
the house of representatives shall not choose a president, whenever the 
right of choice shall devolve upon them, before the fourth day of March 
next following, then the vice president shall act as president, as in tke case 
of the death or other constitutional disability of the president. 



216 CONSTITUTION OF THE UNITED STATES. 

The person having the greatest number of votes as vice president, shaft 
be the vice president, if such number be a majority of the whole number of 
electors appointed ; and if no person have a majority, then, from the two 
highest numbers on the list, the senate shall choose the vice president : a 
quorum for the purpose shall consist of two thirds of the whole number 
of senators, and a majority of the whole number shall be necessary to a 
choice. 

But no person constitutionally ineligible to the office of president, shall 
be eligible to that of vice president of the United States. 



WASHINGTON'S FAREWELL ADDRESS. 
September 17, 1796. 



T\w.w#s and Fellow Citizens: 

1 ne period for a new election of a citizen to administer the executive 
government of the United States being not far distant, and the time actu- 
ally arrived when your thoughts must be employed in designating the 
person who is to be clothed with that important trust, it appears to me 
proper, especially as it may conduce to a more distinct expression of the 
public voice, that I should now apprize you of the resolution I have 
formed, to decline being considered among the number of those out of 
whom the choice is to be made. 

I beg you at the same time to do me the justice to be assured, that 
' this resolution has not been taken without a strict regard to all the con- 
siderations appertaining to the relation winch binds a dutiful citizen to 
his country ; and that in withdrawing the tender of service, which silence 
in my situation might imply, I am influenced by no diminution of zeal 
for your future interest ; no deficiency of grateful respect for your past 
kindness ; but am supported by a full conviction that the step is compati- 
ble with both. 

The acceptance of and continuance hitherto in the office to which 
your suffrages have twice called me, have been an uniform sacrifice of 
inclination to the opinion of duty, and to a deference for what appeared 
to be your desire. I constantly hoped that it would have been much ear- 
lier in my power, consistently with motives which I was not at liberty to 
disregard, to return to that retirement from which I had been reluctantly 
drawn. The strength of my inclination to do this, previous to the last 
election, had even led to the preparation of an address to declare it to 
you ; but mature reflection on the then perplexed and critical posture of 
affairs with foreign nations, and the unanimous advice of persons entitled 
to my confidence, impelled me to abandon the idea. I rejoice that the state 
of your concerns, external as well as internal, no longer renders the pur- 
suit of inclination incompatible with the sentiment of duty or propriety ; 
and am persuaded, whatever partiality may be retained for my services, 
that in the present circumstances of our country you will not disapprove 
of my deteraiination to retire. 

(217) 



218 Washington's farewell address. 

The impressions with which I first undertook the arduous trust, were 
explained on the proper occasion. In the discharge of this trust I will 
only say that I have, with good intentions, contributed towards the organ- 
ization and administration of the government the best exertions of which 
a very fallible judgment was capable. Not unconscious, in the outset, of 
the inferiority of my qualifications, experience in my own eyes, perhaps 
still more in the eyes of others, has strengthened the motives to diffidence 
of myself; and, every day the increasing weight of years admonishes me 
;i**re and more, that the shade of retirement is as necessary to me as it 
will be welcome. Satisfied that if any circumstances have given peculiar 
value to my services, they were temporary, I have the consolation to be- 
lieve, that while choice and prudence invite me to quit the political 
scene, patriotism does not forbid it. 

In looking forward to the moment which is to terminate the career 
of my political life, my feelings do not permit me to suspend the deep 
acknowledgment of that debt of gratitude which I owe to my beloved 
country for the many honors it has conferred upon me ; still more for the 
steadfast confidence with which it has supported me ; and for the oppor- 
tunities I have thence enjoyed of manifesting my inviolable attachment, 
by services faithful and persevering, though in usefulness unequal to my 
seal. If benefits have resulted to our country from these services, let 
it always be remembered to your praise, and as instructive example 
in our annals, that under circumstances in which the passions, agitated 
in every direction, were liable to mislead — amidst appearances some- 
times dubious — vicissitudes of fortunes often discouraging — in situations 
in which not unfrequently want of success has countenanced the spirit 
of criticism — the constancy of your support was the essential prop of ♦ 
the efforts, and a guarantee of the plans, by which they were effected. 
Profoundly penetrated with this idea, I shall carry it with me to my grave, 
as a strong incitement to unceasing wishes, that Heaven may continue 
to you the choicest tokens of its beneficence — that your union and bro- 
therly affection may be perpetual — that the free constitution which is the 
work of your hands may be sacredly maintained — that its administration 
in every department may be stamped with wisdom and virtue — that, in 
fine, the happiness of the people of these States, under the auspices of 
liberty, may be made complete, by so careful a preservation, and so pru- 
dent a use of this blessing, as will acquire to them the glory of recom- 
mending it to the applause, the affection, and adoption of every nation 
which is yet a stranger to it. 

Here, perhaps, I ought to stop. But a solicitude for your welfare, which 
cannot end but with my life, and the apprehension of danger, natural to 
that solicitude, urge me, on an occasion like present, to offer to your so- 
lemn contemplation, and to recommend to your frequent review, some 
sentiments, which are the result of much reflection, of no inconsiderable 
observation, and which appear to me all important to the permanency of 
your felicity as a people. These will be offered to you with the more 
freedom, as you can only see in them the disinterested warnings of s> 
parting friend, who can possibly have no personal motive to bias his coun- 



Washington's farewell address. 21$ 

■els. Nor can I forget, as an encouragement to it, your indulgent recep- 
tion of my sentiments on a former and not dissimilar occasion. 

Interwoven as is the love of liberty with every ligament of our hearts, 
no recommendation of mine is necessary to fortify or confirm the 
attachment. 

The unity of government, which constitutes you one people, is also 
now dear to you. It is justly so ; for it is a main pillar in the edifice of your 
real independence ; the support of your tranquillity at home ; your peace 
abroad ; of your safety ; of your prosperity, of that very liberty which 
you so highly prize. But as it is easy to foresee, that from different cause* 
and from different quarters, much pains will be taken, many artifices em- 
ployed, to weaken in your minds the conviction of this truth ; as this i* 
the point in your political fortress against which the batteries of internal 
and external enemies will be most constantly and actively (though often 
covertly and insidiously) directed ; it is of infinite moment, that you should 
properly estimate the immense value of your national union to your col- 
lective and individual happiness ; that you should cherish a cordial, ha- 
bitual, and immoveable attachment to it ; accustoming yourselves to think 
and to speak of it as a palladium of your political safety and prosperity ; 
watching for its preservation with jealous anxiety ; discountenancing 
whatever may suggest even a suspicion that it can in any event be aban- 
doned ; and indignantly frowning upon the first dawning of every at- 
tempt to alienate any portion of our country from the rest, or to enfeeble 
zhe sacred ties which now link together the various parts. 

For this you have every inducement of sympathy and interest. Citi- 
tens by birth or choice, of a common country, that country has a right to 
concentrate your affections. The name of American, which belongs to 
you in your national capacity, must always exalt the just pride of 
patriotism, more than any appellation derived from local discriminations. 
With slight shades of difference you have the same religion, manners, 
habits and political principle. You have, in a common cause, fought, 
ana triumphed together ; the independence and liberty you possess, are 
the work of joint councils, and joint efforts — of common dangers, suffer- 
ings, and success. 

But these considerations, however powerfully they address themselves 
to your sensibility, are greatly outweighed by those which apply more im- 
mediately to your interest. Here every portion of our country finds the 
most commanding motives for carefully guarding and preserving the union 
of the whole. 

The north, in an unrestrained intercourse with the south, protected by 
the equal laws of a common government finds in the productions of the 
latter, great additional resources of maritime and commercial enterprize, 
and precious materials of manufacturing industiy. The south, in the 
lame intercourse, benefitting by the same agency of the north, sees ita 
agriculture grow and its commerce expand. Turning partly into its own 
channels the seamen of the north, it finds its particular navigation invig- 
orated — and while it contributes in different ways to nourish and increase 
the general mass of the national navigation, it looks forward to the pro- 
jection of a maritime strength, to which itself is unequally adapted, 



- 



220 Washington's farewell address. 

The east, in like intercourse with the west, already finds in the progres- 
sive improvement of interior communications by land and water, and will 
more and more find a valuable vent tor the commodities which it brings 
from abroad, or manufactures at home. The west derives from the east 
supplies requisite to its growth and comfort — and what is perhaps of still 
greater consequence, it must of necessity owe the secure enjoyment ot 
indispensible outlets for its own productions, to the weight, influence, and 
the future maritime strength of the Atlantic side of the Union, directed 
^7 an indissoluble community of interest as one nation. Any other ten- 
ure by which the west can hold this essential advantage, whether derived 
from its own separate strength, or from an apostate and unnatural con- 
nexion with any foreign power, must be intrinsically precarious. 

While therefore every part of our country thus feels an immediate and 
particular interest in union, all the parts combined cannot fail to find in 
the united mass of means and efforts, greater strength, greater resource, 
proportionably greater security from external danger, a less frequent in- 
terruption of their peace by foreign nations ; and what is of inestimable 
value, they must derive from union an exemption from those broils and 
wars between themselves, which so frequently afflict neighboring countries, 
not tied together by the same government, which their own rivalships 
alone would be sufficient to produce ; but which opposite foreign allian- 
ces, attachments, and intrigues, would stimulate and embitter. Hence 
likewise, they will avoid the necessity of those overgrown military es- 
tablishments, which under any form of government are inauspicious to 
liberty, and which are to be regarded as particularly hostile to republican 
liberty. In this sense it is, that your union ought to be considered as a 
main prop of your liberty, and that the love of the one ought to endear 
to you the preservation of the other. 

These considerations speak a persuasive language to every reflecting 
and virtuous mind, and exhibit the continuance of the union as a primary 
object of patriotic desire. Is there a doubt whether a common govern- 
ment can embrace so large a sphere 1 Let experience solve it. To lis- 
ten to mere speculation in such a case were criminal. We are authorized 
to hope that a proper organization of the whole, with the auxiliary agency 
of governments for the respective subdivisions, will afford a happy issue 
of the experiment. It is well worth a fair and full experiment. With 
such powerful and obvious motives to union, affecting all parts of our 
country, while experience shall not have demonstrated its impracticability, 
there will always be reason to distrust the patriotism of those who in any 
quarter may endeavor to weaken its bands. 

In contemplating the causes which -may disturb our union, it occurs as 
matter of serious concern that any ground should have been furnished 
for characterizing parties, by geographical discriminations — Northern and 
Southern ; Atlantic and Western ; whence designing men may endeavor 
to excite a belief that there is a real difference of local interests and 
views. One of the expedients of party to acquire influence within par- 
ticular districts, is to misrepresent the opinions and aims of other districts. 
You cannot shield yourselves too much against the jealousies and heart- 
burnings which spring from these misrepresentations : they tend to reu- 



Washington's farewell address. 221 

der alien to each other those who ought to be bound together by frater- 
nal affection. The inhabitants of our western country have lately had a 
useful lesson on this head. They have seen in the negotiation, by the 
executive, and in the unanimous ratification by the senate of the treaty 
with Spain, and in the universal satisfaction at that event throughout the 
United States, a decisive proof how unfounded were the suspicions pro- 
pagated among them of a policy in the general government, and in the 
Atlantic states, unfriendly their interests in regard to the Mississippi. 
They have been witnesses to the formation of two treaties, that with 
Great Britain, and that with Spain, which secure to them every t' 
they could desire, in respect to our foreign relations, towards confirming 
their prosperity. Will it not be their wisdom to rely for the preservation 
of these advantages on the union by which they were procured 1 Will 
they not henceforth be deaf to those advisers, if such there are, who 
would sever them from their brethren and connect them with aliens? 

To the efficacy and permanency of your union; a government for the 
whole is indispensable. No alliances, however strict, between 'the parts 
can be an adequate substitute ; they must inevitably experience the in- 
fractions and interruptions which alliances at all times have experienced. 
Sensible of this momentous truth, you have improved upon your first es- 
say, by the adoption of a constitution of government, better calculated 
than your former for an intimate union, and for the emeacious manage- 
ment of your common concern. This government, the offspring of your 
own choice, uninfluenced and unawed ; adopted upon full investigation 
and mature deliberation ; completely free in its principles ; in the distri- 
bution of its powers uniting security with energy, and containing within 
itself provision for its own amendment, has a just claim to your confidence 
and your support. Respect for its authority, compliance with its laws, 
acquiescence in its measures, are duties enjoined by the fundamental 
maxims of true liberty. vThe basis of our political system is the right 
of the people to make and to alter their constitutions 'of government. 
Cut the constitution which at any time exists, until changed by an ex- 
plicit and authentic act of the whole people, is sacredly obligatory upon 
all. The very idea of the power and the right of the people to 
establish government, presupposes the duty of every individual to obey 
the established government. 

All obstructions to the execution of the laws, all combinations and 
associations, under whatever plausible character, with the real design to 
direct, control, counteract, or awe the regular deliberations and action of 
the constituted authorities, are destructive of this fundamental principle, 
and of fatal tendency. They serve to organize faction ; to give it an 
artificial and extraordinary force ; to put in the place of the delegated 
will of the nation, the will of party, often a small, but artful and enter- 
prizing minority of the community ; and according to the alternate tri- 
umphs of different parties, to make the public administration the minor 
of the ill concerted and incongruous projects of faction, rather than the 
organ of consistent and wholesome plans, digested by common councils, 
and modified by mutual interests. 

However combinations or associations of the above description may 



K2 Washington's farewell address. 

aow and then answer popular ends, they are likely, in the course of tirna 
and things, to become potent engines by which cunning, ambitious, and 
unprincipled men will be enabled to subvert the power of the people, and 
to usurp for themselves the reins of government ; destroying afterwards 
the very engines which have lifted them to unjust dominion. 

Towards the preservation of your government and the permanency 
c£ your present happy state, it is requisite not only that you steadily dis- 
countenance irregular opposition to its acknowledged authority, but also 
that you resist with care the spirit of innovation upon its principles, how- 
ever specious the pretext. One method of assault may be to affect in 
the forms of the constitution alterations which will impair the energy oi 
the system, and thus to undermine what cannot be directly overthrown. 
In ail the changes to which you may be invited, remember that time and 
habit are at least as necessary to fix the true character of governments, 
as of other human institutions ; that experience is the surest standard by 
which to test the real tendency of the existing constitutions of a coun- 
try ; that facility in changes upon the credit of mere hypothesis and 
opinion, exposes to perpetual change, from the endless variety of hypothe- 
sis and opinion ; and remember especially, that from the efficient man- 
agement of your common interests, in a country so extensive as ours, a 
government of as much vigor as is consistent with the perfect security of 
liberty, is indispensable. Liberty itself will find in such a government, 
with powers properly distributed and adjusted, its surest guardian. It is, 
indeed, little else than a name, where the government is too feeble to 
withstand the enterprises of faction, to confine each member of society 
within the limits prescribed by the laws, and to maintain ail in the se 
cure and tranquil enjoyment of the rights of person and property. 

I have already intimated to you the dangers of parties in the state, with 
particular reference to the founding of them upon geographical discrimi- 
nations. Let me now take a more comprehensive view, and warn you, 
in the most solemn manner, against the baneful effects of the spirit oi 
party generally. 

This spirit, unfortunately, is inseparable from our nature, having its 
root in the strongest passions of the human mind. It exists under differ- 
ent shapes in all governments, more or less stifled, controlled, or repressed ; 
bat in those of the popular form it is seen in its greatest rankness, and is 
truly their worst enemy. 

The alternate domination of one faction over another, sharpened by 
the spirit of revenge, natural to party dissension, which in different ages 
and countries has perpetrated the most horrid enormities, is itself a fright- 
ful despotism. But this leads at length to a more formal and permanent 
despotism. The disorders and miseries which result, gradually incline 
the minds of men to seek security and repose in the absolute power of an 
individual ; and, sooner or later, the chief of some prevailing faction, more 
able or more fortunate than his competitors, turns this disposition to th* 
purposes of his own elevation on the ruins of the public liberty. 

Without looking forward to an extremity of this kind, (which never- 
theless ought not to be entirely out of sight,) the common and continual 



WASHINGTON'S FAREWELL ADDRESS. 223 

mischiefs of the spirit of party are sufficient to make it the interest and 
duty of a wise people to discourage and restrain it. 

It serves always to distract the public councils, and enfeeble the pnblit 
administration. It agitates the community with ill-founded jealousies 
and false alarms ; kindles the animosity of one part against another ; 
foments occasional riot and insurrection. It opens the door to foreign 
influence and corruption, which finds a facilitated access to the govern- 
ment i<eeif f through the channels of party passion. Thus the policy and 
will of one country are subjected to the policy and will of another. 

There is an opinion that parties in free countries are useful checks 
upon the administration of the government, and serve to keep alive the 
spirit of liberty. This, within certain limits, is probably true ; and in 
governments of a monarchical cast, patriotism may look with indulgence 
if not with favor, upon the spirit of party. But in those of popular charac - 
ter, in governments purely elective, it is a spirit not to be encouraged. 
From the natural tendency, it is certain there will always be enough of 
that spirit for every salutary purpose ; and there being constant danger 
of excess, the effort ought to be, by force of public opinion to mitigate 
and assuage it. A fire not to be quenched, it demands a uniform vigi- 
lance to prevent its bursting into a flame, lest, instead of warming, it 
should consume. 

It is important, likewise, that the habits of thinking, in a free country, 
should inspire caution in those intrusted with its administration, to con- 
fine themselves within their respective constitutional spheres ; avoiding, 
in the exercise of the powers of one department, to encroach upon another. 
The spirit of encroachment tends to consolidate the powers of all the de- 
partments in one, and thus to create, whatever the form of government, 
a real despotism. A just estimate of that love of power, and proneness 
to abuse it, which predominate in the human heart, is sufficient to satisfy 
us of the truth of this position. The necessity of reciprocal checks m 
the exercise of political power, by dividing and distributing into different 
depositories, and constituting each the guardian of the public weal against 
invasions of the other, has been evinced by experiments, ancient and 
modern ; some of them in our country, and under our own eyes. To 
preserve them must be as necessary as to institute them. If, in the opin- 
ion of the people, the distribution or modification of the constitutional 
powers, be, in any particular, wrong, let it be corrected by an amendment 
in the way in which the constitution designates. ' But let there be no 
change by usurpation, for though this, in one instance, may be the instru- 
ment of good, it is the customary weapon by which free governments are 
destroyed. The precedent must always greatly overbalance, in perma- 
nent evil, any partial or transient benefit which the use can at any time 
yield. 

Of all the dispositions and habits which lead to political prosperity, 
religion, and morality are indispensable supports. In vain would that 
man claim the tribute of patriotism, who should labor to subvert these 
great pillars of human happiness — these firmest props of the duties of men 
and citizens. The mere politician, equally with the pious man, ought 
to respect and cherish them. A volume could not trace all their con- 



224 Washington's farewell address. 

nexion with, private and public felicity. Let it simply be asked, where is 
the security for property, for reputation, for life, if the sense of religious 
obligation desert the oaths, which are the instruments of investigation in 
courts of justice 1 And let us with caution indulge the supposition that 
morality can be maintained without religion. Whatever may be conceded 
to the influence of refined education on minds of peculiar structure, rea- 
son and experience both forbid us to expect that national morality can 
prevail in exclusion of religious principles 

It is substantially true that virtue or morality is a necessary spring ot 
popular government. The rule indeed extends with more or less force 
to every species of free government. Who. that is a sincere friend to it 
can look with indifference upon attempts to shake the foundation of the 
fabric ] 

Promote, then, as an object of primary importance, institutions for the 
general diffusion of knowledge. In proportion as the structure of a gov- 
ernment gives force to public opinion, it is essential that public opinion 
should be enlightened. 

As a very important source of strength and security, cherish public 
credit. One method of preserving it, is to use it as sparingly as possible, 
avoiding occasions of expense by cultivating peace, but remembering, 
also, that timely disbursements to prepare for danger, frequently prevent 
much greater disbursements to repel it ; avoiding likewise the accumula- 
tion of debt, not only by shunning occasions of expense, but by vigorous 
exertions in time of peace to discharge the debts which unavoidable 
wars have occasioned, not ungenerously throwing upon posterity the bur- 
den which we ourselves ought to bear. The execution of these maxims 
belongs to your representatives ; but it is necessary that public opinion 
should co-operate. To facilitate to them the performance of their duty, 
it is essential that you should particularly bear in mind, that towards the 
payment of debts there must be revenue ; that to have revenue there 
must be taxes ; that no taxes can be devised which are not more or less 
inconvenient and unpleasant ; that the intrinsic embarrassment, insepa- 
rable from the selection of the proper objects, (which is always a choice 
of difficulties,) ought to be a decisive motive for a candid construction of 
the conduct of the government in making it, and for a spirit of acquies- 
cence in the measures for obtaining revenue which the public exigences 
may at any time dictate. 

Observe good faith and justice towards all nations ; cultivate peace 
and harmony with all : religion and morality enjoin this conduct ; and 
can it be that good policy does not equally enjoin it 1 It will be worthy 
of a free, enlightened, and at no distant period, a great nation, to give to 
mankind the magnanimous and too novel example of a people always 
guided by an exalted justice and benevolence. Who can doubt but that 
in the course of time and things the fruits of such a plan would richly 
repay any temporary advantages which might be lost by a steady adhe- 
rence to it 1 Can it be that Providence has connected the permanent 
felicity of a nation with its virtue 1 The experiment, at least, is recom- 
mended by every sentiment which ennobles human nature. Alas ! it is 
rendered impossible by its vices ! 



Washington's farewell address. 225 

In the execution of such a plan nothing is more essential than that 
permanent, inveterate antipathies, against particular nations, and pas- 
sionate attachment for others, should be excluded ; and that in the place 
of them, just and amicable feelings towards all should be cultivated. The 
nation which indulges towards another an habitual hatred, or an habitual 
fondness, is, in some degree, a slave. It is a slave to its animosity or to its 
affection, either of which is sufficient to lead it astray from its duty and 
its interest. Antipathy in one nation against another, disposes each more 
readily to offer insult and injury, to lay hold of slight causes of umbrage, 
and to be haughty and intractable when accidental or trilling occasions 
of dispute occur. 

Hence frequent collisions, obstinate, envenomed, and bloody contests. 
The nation, prompted by ill will and resentment, sometimes impels to 
war the government, contrary to the best calculations of policy. The 
government sometimes participates in the national propensity, and adopts 
through passion what reason would reject ; at other times it makes the 
animosity of the nation subservient to the projects of hostility, instigated 
by pride, ambition, and other sinister and pernicious motives. The 
peace often, sometimes, perhaps, the liberty of nations has been the 
victim. 

So, likewise, a passionate attachment of one nation for another produ- 
ces a variety of evils. Sympathy for the favorite nation, facilitating the 
illusion of an imaginary common interest in cases where no real common 
interest exists, and infusing into one the enmities of the other, betrays the 
former into a participation in the quarrels and the wars of the latter 
without adequate inducements or justification. It leads, also, to conces- 
sions to the favorite nation of privileges denied to others, which are apt 
doubly to injure the nation, making the concessions, by unnecessarily 
parting with what ought to have been retained, and by exciting jealousy, 
ill will, and a disposition to retaliate in the parties from whom equal pri- 
vileges are withheld ; and it gives to ambitious, corrupt, or deluded citi- 
zens, (who devote themselves to the favorite nation,) facility to betray or 
sacrifice the interests of their own country without odium, sometimes 
even with popularity ; gilding with the appearances of a virtuous sense of 
obligation to a commendable deference for public opinion, or a laudable 
zeal for public good, the base or foolish compliances of ambition, corrup- 
tion, or infatuation. 

As avenues to foreign influence, in innumerable ways, such attach- 
ments are particularly alarming to the truly enlightened and independent 
patriot. How many opportunities do they afford to tamper with domes- 
tic factions, to practice the art of seduction, to mislead public opinion, to 
influence or awe the public councils ! Such an attachment of a small or 
weak, towards a great and powerful nation, dooms the former to be the 
satellite of the latter. Against the insidious wiles of foreign influence, 
(I conjure you to believe me, fellow citizens,) the jealousy of a free peo- 
ple ought to be constantly awake, since history and experience prove 
that foreign influence is one of the of the most baneful foes of republican 
government. But that jealousy, to be useful, must be impartial, else it 
becomes the instrument of the very influence to be avoided, instead of a 

15 



226 WASHINGTON'S FAREWELL ADDRESS. 

defence against it. Excessive partiality for one foreign nation, and ex 
cessive dislike for another, cause those whom they actuate to see danger 
only on one side, and serve to veil and even second the arts of influence 
on the other. Real patriots who may resist the intrigues of the favorite, 
are liable to become suspected and odious ; while its tools and dupes 
usurp the applause and confidence of the people to surrender their interests. 

The great rule of conduct for us, in regard to foreign nations, is, in 
extending our commercial relations, to have with them as little political 
connexion as possible. So far as we have already formed engagements, 
let them be fulfilled with perfect good faith. Here let us stop. 

Europe has a set of primary interests, which to us have none, or a 
very remote relation. Hence, she must be engaged in frequent contro- 
versies, the causes of which are essentially foreign to our concerns. 
Hence, therefore, it must be unwise in us to implicate ourselves by 
artificial ties, in the ordinary vicissitude of her politics, or the ordinary 
combinations and collisions of her friendships or enmities. 

Our detached and distant situation, invites and enables us to pursue a 
different course. If we remain one people, under an efficient govern- 
ment, the period is not far off when we may defy material injury from 
external annoyance ; when we may take such an attitude as will cause 
the neutrality we may at any time resolve upon, to be scrupulously re- 
spected ; when belligerent nations, under the impossibility of making ac- 
quisitions upon us, will not lightly hazard the giving us provocation ; 
when we may choose peace or war, as our interest, guided by justice shall 
counsel. 

Why forego the advantages of so peculiar a situation? Why quit our 
own to stand upon foreign ground '? Why, by interweaving our destiny 
with that of any part of Europe, entangle our peace and prosperity in 
the toik of European ambition, rivalship, interest, humor or caprice ? 

.It is our tine policy to steer clear of permanent alliances with any 
portion of the foreign world : so far I mean, as we are now at liberty 
10 do. it ; for let me not be understood as capable of patronizing infi- 
delity to existing engagements. I hold the maxim no less applicable 
to public than to private affairs, that honesty is always the best policy. 
I repeat, therefore, let those engagements be observed in their genuine 
sense. But in my opinion, it is unnecessary, and would be unwise to 
extend them. 

Taking care always to keep ourselves, by suitable establishments, 
on a respectable defensive posture, we may safely trust to temporary 
alliances for extraordinary emergencies. 

Harmony, and a liberal intercourse with all nations, are recommended 
by policy, humanity, and interest. But even our commercial policy should 
hold an equal and impartial hand ; neither seeking nor granting exclusive 
favors or preferences ; consulting the natural course of things ; diffusing 
and diversifying by gentle means the stream of commerce, but forcing 
nothing ;- establishing, with powers so disposed in order to give trade a 
stable course, to define the rights of our merchants, and to enable the gov- 
ernment to support them, conventional rules of intercourse, the best that 
present circumstances and natural opinion will permit, but temporary, 



Washington's farewell address. 227 

and liable to be from time to time, abandoned or varied, as experience 
and circumstances shall dictate ; constantly keeping in view that it is 
folly in one nation to look lor disinterested favors from another ; that it 
must pay with a portion of its independence for whatever it may accept 
under that character; that by such acceptance, it may place itself in the 
condition of having given equivalents for nominal favors, and yet of be- 
ing reproached with ingratitude for not giving more. There can be no 
greater error than to expect or calculate upon real favors from nation to 
nation. It is an illusion which experience must cure, which a just pride 
ought to discard. 

In offering to you, my countrymen, these counsels of an old affection- 
ate friend, I dare not hope they will make the strong and lasting impres- 
sion I could wish — that they will control the usual current of the passions, 
or prevent our nation from running the course which has hitherto marked 
the destiny of nations. But if I may even flatter myself that they may be 
productive of some partial benefit, some occasional good ; that they may 
now and then recur to moderate the fury of party spirit ; to warn against 
the mischiefs of foreign intrigue ; to guard against the impostures of* 
pretended patriotism ; this hope will be a full recompense for the solici- 
tude for your welfare by which they have been dictated. 

How far in the discharge of my official duties I have been guided by 
the principles which have been delineated, the public records and other 
evidences of my conduct must witness to you and to the world. To 
myself, the assurance of my own conscience is, that I have at least be- 
lieved myself to be guided by them. 

In relation to the still subsisting war in Europe, my Proclamation of 
the 22d of April, 1793, is the index to my plan. Sanctioned by your 
approving voice, and by that of your representatives in both houses of 
Congress, the spirit of that measure has continually governed me ; unin- 
fluenced by any attempts to deter or divert me from it. 

After deliberate examination, with the aids of the best lights I could 
obtain, I was well satisfied that our country, under all the circumstances 
of the case, had a right to take, and was bound in duty and interest 
to take, a neutral position. Having taken it, I determined, as far as 
should depend upon me, to maintain it with moderation, perseverance and 
firmness. 

The considerations which respect the right to hold this conduct, it is 
not necessary on this occasion to detail. I will only observe, that accord- 
ing to my understanding of the matter, that right, so far from being de- 
nied by any of the belligerent powers, has been virtually admrtted by all. 

The duty of holding a neutral conduct may be inferred, without any 
thing more, from the obligation which justice r,nd humanity impose on 
every nation, in cases in which it is free to act, to maintain inviolate the 
relations of peace and amity towards other nations. 

The inducements of interest for observing that conduct, will best be 
referred to your own reflections and experience. With me, a predomi- 
nant motive has been to endeavour to gain time to our country to settle 
and mature its yet recent institutions, and to progress, without interrupt 



228 Washington's farewell address. 

tion, to that degree of strength and constancy, which is necessary to give 
it, humanly speaking, the command of its own fortune. 

Though in reviewing the incidents of my administration, I am uncon- 
cious of intentional error ; I am nevertheless too sensible of my defects 
not to think it probable that I may have committed many errors. What- 
ever they may be, I fervently beseech the Almighty to avert or mitigate 
the evils to which they may tend. I shall also carry with me the hope 
that my country will never cease to view them with indulgence ; and 
that, after forty-five years of my life dedicated to its service, with an 
upright zeal, the faults of incompetent abilities will be consigned to ob- 
livion, as myself must soon be to the mansions of rest. 

Relying on its kindness in this as in other things, and actuated by that 
fervent love towards it, which is so natural to a man who views in it the 
native soil of himself and his progenitors for several generations ; I an- 
ticipate, with pleasing expectation, that retreat, in which I promise my- 
self to realize, without alloy, the sweet enjoyment of partaking, in the 
midst of my fellow citizens, the benign influence of good laws, under a 
free government ; the ever favorite object of my heart, and the happy 
reward, as I trust, of our mutual cares, labors and dangers. 



INDEX. 



[U The figures refer to the page. 

Academies, under whose superintendence, m 56 
Accessories to crime, and their punishment, m t 147, 148 
Actions, causes, suits, defined, 86 ; how commenced, 87 ; within what 

time to be commenced, " %05 

Adjournment, of suit, how, and when granted, 88 
Adjutant-general, appointment and duties of, 
Administrators, (See Executors and Administrators.) 
Aliens, disqualifications of, 32 ; how entitled to hold real estate, 107 + 

how naturalized, 175, 176 

Ambassadors, their appointment, powers and duties, 178 

Amendments to Constitution of U. S. how made, 181 

Appeal, removal of causes by, from Justice's Courts, 94 

Applications to legislature for laws, how advertised, 50 
Apprentices, (See Masters, etc.) 

Arsenals, in whose care, 59 

Aristocracy, defined, 19 
Army, {See Standing Army.) 

Arson, defined, and punishment of, 141, 143 

Assembly, members of, how apportioned, 34, 35 

Assessors, election of, 66 ; their powers and duties, 82, 83 

Assignments of property, how made lawful, 125 

Attachment, collection of debts by, 93, 94 
Attainder of treason, (See corruption of Blood.) 

Attorney-general, his duties and compensation, 48, 49 

" " " of United States, duties and salary, 167 

Auditors of town accounts, their duties, 74 

Bail, when required of offenders, 149 

Bailment, defined, 132 

Bailor and Bailee, their liabilities, 132, 133 

Banks, the nature and use of, 137-139 

Beggars and vagrants, regulations concerning, 152 

Betting and gaming, penalties and forfeitures in case of, 151 

Bigamy, defined, and how punished, 146 

Bill, denned, and how passed, 40 

Bill of attainder, defined, and passage of prohibited, 179 

Bill of exchange, form and nature of, 136 

Bills of credit, states may not emit, 181 

Board of supervisors, their powers and duties, 77, 78 

Bribery, defined, and how punished, 145 

Burglary, definition and punishment or, 145 

Canal board, how constituted, 53 



230 INDEX. 

Canal commissioners, their powers and duties, 52 

tolls, how collected, 53 

fund, of what composed, 51 

Canals, by what authority made, 52 

Capitol, trustees of, and their duties, _ 58 

Capitation tax, denned, and in what cases it may not be laid, 179, 180 

Carriers of goods, etc., their responsibilities, 133 

Certiorari, removal of causes by, 94 

Chancellor and vice-chancellor, their appointment and jurisdiction, 98 

Chancery, court of, its objects and powers, 97, 98 

examiners, and other officers in, their duties, 98, 99 

Charges des affairs, business of, 178 

Chaplain, duties of, 38 

Civil government, denned, 13, 14 

Civil society, defined, 14 

Collector of taxfes, powers and duties, 84 
'Colleges, {See Academies.) 

Commissioners of land-office, their duties, 58 

of highways, their powers and duties, 67, 68 

of excise, their powers and duties, 74 
Commencement of suits, or actions, {see Actions.) 

Common school fund, how constituted, 54 

Common schools, regulations concerning, 54, 55 

money for, how raised in towns, 55 

district officers, how chosen, 71, 72 

Commonwealth, defined, 19 

Comptroller, his duties and salary, 47, 48 

Concealing crime, and compounding, how punishable, 146 

Confederation, nature of, 158, 159 

Congress, under the confederation, how constituted, 25, 158, 161 

under the constitution, how composed, 160 

qualifications of members, 161, 162 ; how apportioned and 

chosen, and their compensation, 161-163 

Constables, their powers and duties, 72 

Constitution, denned, 20, 21 

of N. Y., formation of, 28, 29 

of U. S., when and how formed, 159, 160, 181, 182 

Contracts, when to be in writing, 126 ; general laws concerning, 126, 127 

Conveyances, (see Deeds and Mortgages.) 

Consuls, the business of, 179 

Coroners, how chosen, their powers and duties, 80 

Corporation, or body politic, defined, 63, 64, 65 

Corruption of blood, prohibited, and defined, 180 

Counties, corporate powers and capacities of, 77 

County officers, their election, powers, and duties, 77-81 

treasurer, his appointment, powers and duties, 78 

clerk, his election, powers and duties, 78, 79 

superintendent of common schools, his appointment, powers 

and duties, 81 

superintendents of poor, 80, 81 

Court martial, object of, and how constituted, 62 

Courts of justice of the state of N. Y., 85, etc 

held by justices of the peace, 86-89 

of common pleas, their powers and jurisdiction, 94 

of general sessions of the peace, power, etc., 95 

circuit, its power and jurisdiction, 96 



INDEX. 231 

Court of oyer and terminer and jail delivery, its jurisdiction, power, 

etc., .... % 

supreme, how constituted, and jurisdiction, 96, 97 

of chancery, (see Chancery.) 

for the correction of errors, of whom composed, its power and 
jurisdiction, 99 

for the trial of impeachments, how constituted, its object etc., 99, 100 
Courts of record, of the state, general provisions concerning, 100 

Courts of United States, # 169,170 

district, organization and jurisdiction of, 169, 170 

circuit, how constituted, and jurisdiction of, 170 

supreme, of whom composed, its power, etc., 170 

Customs, defined, 171 

Declaration, process, 101 

Deed, defined, its nature and effect, 109, 110; how proved and record- 
ed, etc., 110 
Democracy, defined, 17 
Despotism, defined, 17 
Descent of property, in what order, by inheritance, 107-109 
Devise, property how acquired by, 107 
District Attorney, how appointed, his powers and duties, 80 
District coivts, (see Courts.) 

District of Columbia, power of congress to legislate over, 177 

Disorderly persons and practices, 150 

Distraining or distress, in what cases, 112, 113, 114 

Disturbance of religious meetings, how and in what cases punishable, 

151, 152 
Division fences, regulations concerning, 75 

Dower, right of by wife, 111 

Drunkards, habitual, regulations concerning, 153 

Duelling, what, and how punished, 145 

Duty , defined, 24, 171 : specific and ad valorem, etc., 174, 175 

Election, general, when held, 31 ; inspectors of, when chosen, 72 ; 

their powers and duties, 72, 73 

Electors of president and vice-president, how chosen, 163, 164 

Embezzlement, what, and how punishable, 144 

Envoy, his business and powers, 178 

Erie canal, when commenced, etc. 51 

Escape from confinement, aiding escapes, etc., penalty for, 145 

Excise, commissioners of, their powers and duties, 74 ; definition of, 

74, 171, 172 
Execution, collection of judgment by, 92 

Executive department of state of. N. Y., 43 ; of U. S. 163 

Executors and administrators, how appointed, their powers and duties, 

115-117 
Ex post facto law, defined, and passage of prohibited, 179 

Factor, (see Principal and Agent.) 

Federal definition of, 26 

Fees, defined, 51 

Felony, defined, 141 

Fence viewers, duties of, 75, 76 

Franking of letters, etc, how and by whom done, 168 

Forgery and counterfeiting, defined, and how punished, 143, 144 

Freeholder, defined, 33 

Funds, etc., of the state. 50-57 

General fund, of what composed, 50 



232 INDEX. 

Government, defined, 13 

of the United States, nature of, described, 157-160 

different forms of, described, 17, 18, 19 

Governor, general duties of, and salary, 43-45 

Grocers, licenses to, how granted, 75 

Guardian and Ward, 121 

Habeas corpus, privilege of writ of, how secured, 154, 155 
Habitual drunkards, (see Drunkards.) 

Highways, money for improvement of, how raised, 68 

Homicide, different kinds of, defined, 142 

Husband and wife, relations between, 120 

Idiots and lunatics, cannot contract marriage, 118 

Impeachment, not pardonable, 44 ; trial and punishment of, 100 

Imposts, meaning of, 171 

Incest, what, and how punished, 146 

Indictment, what, and how made, 103 
Innkeepers, their liabilities for losses of property of their guests, 133 ; 

licenses to, how granted, 74 

Inspectors of election, how chosen, their powers and duties, 72, 73 

Insurance companies, formation and object of, 140 

Interest, regulations concerning, 136, 137 

Intestates, property of, how disposed of, 116-118 

Joining issue in justices' courts, how done, 88 

Judgment, what, and when granted, 88 ; confession and collection of, 

91, 92 
Judges, f appointment and powers of, (see Courts.) 

Juries, injustices' courts, how obtained, 90, 91 

grand and petit, how obtained, their duties, 101-103 

Jurors, qualifications of, in courts of record, ■ 102 

Justices of the peace, how elected, 67 ; their powers and duties, 86 
Justices' courts, (see Courts.) 

Landlord and tenant, rights of, 112-114 

Land office, commissioners of, who, 58 

Lands of the state, 57 

Larceny, grand, defined, and how punished, IH ; petit, defined, and 

how punished, 147 

Law, defined, 14 ; of nature and revelation, 15, 16 

Laws, civil or municipal and political, distinguished, 20, 21 

statute and common, defined, 106 

manner of making, 39-41 ; how published, 46, 47 

Lease, what, and when valid, 112 

Legatee, defined, 116 

Legislature of New York, how composed, and time of meeting, 33 

organization, officers, privileges of members, &c. 37, 38 

committees, appointment and business of, 39, 40 

compensation of members and officers of, 42 

Letters, testamentary and of administration, 116 

Libel, defined, and liability in case of, 156 

Liberty, defined, 15 ; of speech and of the press, 155, 156 

Library, state, where, and who trustees of, 59 

Lieutenant-governor, general duties of and salary, 44, 45 

Literature fund, income of, how distributed, 56, 57 

Manslaughter, different degrees of, and how punishable, 142 

Marriage, laws concerning, 118. 119 

Marque, and reprisal, letters of»and how granted, 177 

Masters* apprentices and servants, rights of, 122-124 



INDEX. 



233 



Military duty, who exempt from, 

Militia,' regulations concerning, 

Ministers abroad, business of, 

Minors, or infants, rights and responsibilities of, 

Mints, where established, 

Monarchy, detined, 

Money, power of congress to coin, &c, 

M< >:iu zuma, salt springs at, 

Mortgage, nature and effect of, and how discharged, 

r, defined, 
Naturalization defined, 32 ; law of, 
Navigation laws, power to make, where vested, 

jr, what, and the object of, 
Negative, or veto, what, and the object of, 
New York histoiy of government of colony, 
Non-suit, judgment for, in what cases granted, 
Notes, (see Prommissory Notes) 
« ) :th of office, and object of, 
Offenders, arrest and examination of, 
Onondaga salt springs, management of, &c, 
Opening graves, &c, how punishable, 
Overseers of highways, powers and duties of, 

of poor, their powers and duties, 
Pardon, in what cases and by whom granted, 
Parent and child, obligations and rights of, 
Parliament, how r composed, 
Partnerships, common and limited, 
Patents and copy-rights, power of congress concerning, 
Paupers, who liable for their support, 
Perjury, defined, and how punishable, 
Personal estate, defined, 
Plaintiff and defendant, defined, 
Pleadings and sett ofi's, of parties in suit, 
Polygamy, (see Bigamy) 

Poor, (see Overseers of Poor and Superintendents of Poor) 
Postmaster-general, his powers and duties, # 
Postmasters, appointment of, their duties, 
Pound-masters, and pounds, 
Powers of congress, 
Powers prohibited to congress, 
President, and vice-president, their election, qualification, and 

pensation, 
Principal and agent, or factor, rights and responsibilities of, 
Printers to legislature, 38 ; to state, 49 ; to state officers, 
Prisons, state, where situated, and care of, 
Process, in law, definition of, 
Prommissory notes, 
Public lands, buildings, &c, 
Quorum, defined, 

Racing horses, &c, penalties and forfeitures for, 
Raffling, forfeiture for, 
Real estate, defined, 82 ; title to, how acquired, 

by whom it may be bequeathed, 
Regents of the university, duties of, 
Removal of causes, (see Appeal and certiorari % ) 
Representative, defined, 



61,62 

61-63 

178 

122, 123 

176 

17 

176 

61 

110, 111 

141 

175, 176 

173 

167 

41, 42 

27 

91,92 

36 

148, 149 

59-61 

146 

68 

69 

43,44 

120, 121 

18 

130-132 

176 

69 

144 

82 

87 

88 



167 

167, 168 

76, 77 

171 

174 

com- 

163-165 

128, 129 

49 

59 

87 

134, 135 

57-61 

36 

151 

151 

107, 108 

115 

56 



19 



234 



INDEX. 



Reprieve, what, and by whom granted, 

Republic, defined, 

Revenue, defined, 50 ; national, how raised, 

Right, defined, 

Right of property and person defined, 

of conscience, what, and how secured, 

Road, and public stages, law concerning, 

Roads and bridges, money for support of, how raised, 

Robbery, defined, and how punishable, 

Safety fund, how and why provided, 

Salary, defined, 

Salina, salt springs in, 

Salt springs of the state, management of, 

Sealer of weights and measures, duties of, 

Secretary of state of N.Y., duties and salary of, 

Secretary of state of U. S., his powers, duties, &c, 
of treasury, his powers, duties, &c., 
of war, powers, duties, &,c, 
of navy, his powers, duties, &c, 

Senate of N. Y., vacancies in, how filled, 

Senators, election of, and term of office, 

Senate of U. S., how constituted, 

Senators, how appointed, 

Sheriff, how elected, his power3 and duties, 

Shows, &c, prohibited, 

Slander, denned, &c, 

Society, civil, defined, 

State hall, who trustees of, &c, 

State library, who trustees of, 

State printer, how appointed, his duties, &c, 

State prisons, where situated, and management of, 

Stocks, state, defined, 

Strays, regulations concerning, 

Subpoena, and service of, 

Suits at law, how commenced, 

Summons, what, and how served, and returned, 

Sunday, observance of, 

Superintendent, state, of schools, who, 47 ; his duties, ' 
county, how appointed, his duties, 
town, election and duties of, 

Superintendent of Onondago salt springs, duties of, &c, 

Superintendents of poor, appointment of, and duties, 

Supervisor, powers and duties of, 

Supervisors, (see Board of Super visor s.^ 

Surety, obligation of, ^ 

Surveyor-general, duties and salary of, 

Taverns, regulations concerning, 

Taxation, direct and indirect, defined, 

Taxes, assessment and collection of, 

Teachers of common schools, inspection of, 

Tenant, (see Landlord and Tenant.) 

Tender, defined, how made to be lawful, 

Testament, (see Wills and Testaments.) 

Testator, defined, 108 ; his property, how disposed of, 

Town clerk, general powers and duties of, 

Town meetings, when held, and what officers elected at, 






43,44 

19 

171, 172 

15 

106 

154 

153 

68 

144 

139 

51 

59 

59-61 

73, 74 

45-47 

166 

166 

167 

167 

34 

33, 34 

161 

161 

79, 101 

152 

156,157 

13, 14 

58 

59 

49 

59 

139, 140 

76 

89 

87 

87 

152 

54,55 

81 

70,71 

59,60 

80,81 

m 

48 
49 
74 
171 
82-84 
71 

180, 181 

116-118 
CS, 67 
65,66 



INDEX. 235 

Town superintendent of schools, his powers and duties, 70, 71 

Towns, incorporation of, and their powers, 63-65 

Treason, against the state, defined, and how punished, 141 

not pardonable, 44 

against the U. S., defined ; (see Con. U. S. Art. 3, Sec. 3 CL 1.) 

punishment of, declared by Congress; {Cons. Art. 3, Sec. 3, 

Treaties, what, and how made, 173 

Union of the states, nature of, 158-160 

University of the state of N. Y., who, regents of, 56 

United States' deposit fund, income of, how distributed, 56, 57 
Usury, (see Interest.) 

Verdict, meaning of, and how rendered, 90 91 

Voters, qualifications of, 3l' 32 

Votes, how and by whom canvassed, ' 73 

War, power of congress to declare, 177 

Warrant, authority of, 93 

Wills, defined, 00 

Wills and testaments, how made, proved, &c., 115, 116 

Witness, subpoenaing and testimony of; 88, 89 



